Rep. Daniel J. Burke
Filed: 3/27/2014
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1 | AMENDMENT TO HOUSE BILL 3957
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2 | AMENDMENT NO. ______. Amend House Bill 3957 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.855 as follows: | ||||||
6 | (30 ILCS 105/5.855 new) | ||||||
7 | Sec. 5.855. The Charter School Facilities Fund. | ||||||
8 | Section 10. The School Code is amended by changing Sections | ||||||
9 | 27A-3, 27A-5, 27A-6, 27A-7, 27A-7.5, 27A-7.10, 27A-8, 27A-9, | ||||||
10 | and 27A-11 and by adding Section 27A-5.5 as follows:
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11 | (105 ILCS 5/27A-3)
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12 | Sec. 27A-3. Definitions. For purposes of this Article:
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13 | "At-risk pupil" means a pupil who, because of physical, | ||||||
14 | emotional,
socioeconomic, or cultural factors, is less likely |
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1 | to succeed in a conventional
educational environment.
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2 | "Authorizer" means an entity authorized under this Article | ||||||
3 | to review applications, decide whether to approve or reject | ||||||
4 | applications, enter into charter contracts with applicants, | ||||||
5 | oversee charter schools, and decide whether to renew, not | ||||||
6 | renew, or revoke a charter. | ||||||
7 | "Charter funding calculation" means a calculation that | ||||||
8 | represents an equal proportion of funds spent on pupils in the | ||||||
9 | kindergarten through grade 12 program for which there does not | ||||||
10 | exist a separate formula or claim by charter schools. The | ||||||
11 | charter funding calculation is determined by totaling all | ||||||
12 | expenses of a school district in its educational, operations | ||||||
13 | and maintenance, transportation, municipal retirement, and | ||||||
14 | rent funds for the current school year, less expenditures not | ||||||
15 | applicable to the regular kindergarten through grade 12 program | ||||||
16 | (such as early childhood programming or funding required for | ||||||
17 | specialty schools), less expenses on community services | ||||||
18 | available to all students in the district (such as libraries | ||||||
19 | and parks), less revenues collected from student fees from | ||||||
20 | parents or rentals, less revenues from State and federal | ||||||
21 | sources (such as federal Title I and categorical funds) set | ||||||
22 | forth in subsection (b-5) of Section 27A-11 of this Code, less | ||||||
23 | district expenses for special education set aside in a separate | ||||||
24 | fund and to which charter school pupils can make an equitable | ||||||
25 | claim, less district expenses for students with extraordinary | ||||||
26 | needs, and less capital expenses. |
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1 | "Commission" means the State Charter School Commission | ||||||
2 | established under Section 27A-7.5 of this Code. | ||||||
3 | "Local school board" means the duly elected or appointed | ||||||
4 | school board or
board of education of a public school district, | ||||||
5 | including special charter
districts and school districts | ||||||
6 | located in cities having a population of more
than 500,000, | ||||||
7 | organized under the laws of this State.
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8 | "State Board" means the State Board of Education.
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9 | "Student-based budgeting" means a calculation that uses a | ||||||
10 | funding allocation methodology that provides dollars to | ||||||
11 | schools on a per-pupil basis based on identified student needs | ||||||
12 | or characteristics. The student-based budgeting calculation is | ||||||
13 | determined by a portion of the annual school district budget | ||||||
14 | using a funding allocation methodology that provides money to | ||||||
15 | schools on a per-pupil basis based on identified student needs | ||||||
16 | or characteristics. The funding is based on pupil | ||||||
17 | characteristics and needs in the school and not on the | ||||||
18 | characteristic or type of school. Any funds not distributed | ||||||
19 | based on pupil characteristics and needs must be made available | ||||||
20 | to charter school pupils on an average cost per pupil. Any | ||||||
21 | operating funds excluded must be identified by the school | ||||||
22 | district, and an equitable distribution of State and federal | ||||||
23 | sources, such as federal Title I and categorical funds, must be | ||||||
24 | made as set forth in subsection (b-5) of Section 27A-11 of this | ||||||
25 | Code. | ||||||
26 | (Source: P.A. 97-152, eff. 7-20-11.)
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1 | (105 ILCS 5/27A-5)
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2 | Sec. 27A-5. Charter school; legal entity; requirements.
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3 | (a) A charter school shall be a public, nonsectarian, | ||||||
4 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
5 | school shall be organized and operated
as a nonprofit | ||||||
6 | corporation or other discrete, legal, nonprofit entity
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7 | authorized under the laws of the State of Illinois.
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8 | (b) A charter school may be established under this Article | ||||||
9 | by creating a new
school or by converting an existing public | ||||||
10 | school or attendance center to
charter
school status.
Beginning | ||||||
11 | on the effective date of this amendatory Act of the 93rd | ||||||
12 | General
Assembly, in all new
applications submitted to the | ||||||
13 | State Board or a local school board to establish
a charter
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14 | school in a city having a population exceeding 500,000, | ||||||
15 | operation of the
charter
school shall be limited to one campus. | ||||||
16 | The changes made to this Section by this
amendatory Act
of the | ||||||
17 | 93rd General
Assembly do not apply to charter schools existing | ||||||
18 | or approved on or before the
effective date of this
amendatory | ||||||
19 | Act. | ||||||
20 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
21 | the teaching of courses through online methods with online | ||||||
22 | instructors, rather than the instructor and student being at | ||||||
23 | the same physical location. "Virtual-schooling" includes | ||||||
24 | without limitation instruction provided by full-time, online | ||||||
25 | virtual schools. |
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1 | From April 1, 2013 through April 1, 2014, there is a | ||||||
2 | moratorium on the establishment of charter schools with | ||||||
3 | virtual-schooling components in school districts other than a | ||||||
4 | school district organized under Article 34 of this Code. This | ||||||
5 | moratorium does not apply to a charter school with | ||||||
6 | virtual-schooling components existing or approved prior to | ||||||
7 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
8 | school with virtual-schooling components already approved | ||||||
9 | prior to April 1, 2013. | ||||||
10 | On or before March 1, 2014, the Commission shall submit to | ||||||
11 | the General Assembly a report on the effect of | ||||||
12 | virtual-schooling, including without limitation the effect on | ||||||
13 | student performance, the costs associated with | ||||||
14 | virtual-schooling, and issues with oversight. The report shall | ||||||
15 | include policy recommendations for virtual-schooling.
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16 | (c) A charter school shall be administered and governed by | ||||||
17 | its board of
directors or other governing body
in the manner | ||||||
18 | provided in its charter. The governing body of a charter school
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19 | shall be subject to the Freedom of Information Act and the Open | ||||||
20 | Meetings Act.
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21 | (d) A charter school shall comply with all applicable | ||||||
22 | health and safety
requirements applicable to public schools | ||||||
23 | under the laws of the State of
Illinois.
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24 | (e) Except as otherwise provided in the School Code, a | ||||||
25 | charter school shall
not charge tuition; provided that a | ||||||
26 | charter school may charge reasonable fees
for textbooks, |
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1 | instructional materials, and student activities.
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2 | (f) A charter school shall be responsible for the | ||||||
3 | management and operation
of its fiscal affairs including,
but | ||||||
4 | not limited to, the preparation of its budget. An audit of each | ||||||
5 | charter
school's finances shall be conducted annually by an | ||||||
6 | outside, independent
contractor retained by the charter | ||||||
7 | school. Annually, by December 1, every charter school must | ||||||
8 | submit to the State Board a copy of its audit and a copy of the | ||||||
9 | Form 990 the charter school filed that year with the federal | ||||||
10 | Internal Revenue Service. | ||||||
11 | If applicable, a charter school shall submit to the State | ||||||
12 | Board, as part of the charter school's annual reporting, an | ||||||
13 | audited financial statement for any for-profit or non-profit | ||||||
14 | educational management organization the charter school | ||||||
15 | contracts with. If a charter school contracts with an | ||||||
16 | educational service provider after the charter school is in | ||||||
17 | operation, the authorizer may require that the charter school | ||||||
18 | submit a term sheet, pursuant to item (B) of subdivision (16) | ||||||
19 | of subsection (a) of Section 27A-7 of this Code, and include | ||||||
20 | additional information about the relationship as part of the | ||||||
21 | charter school's annual reporting requirements.
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22 | (g) A charter school shall comply with all provisions of | ||||||
23 | this Article, the Illinois Educational Labor Relations Act, and
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24 | its charter. A charter
school is exempt from all other State | ||||||
25 | laws and regulations in the School Code
governing public
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26 | schools and local school board policies, except the following:
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1 | (1) Sections 10-21.9 and 34-18.5 of the School Code | ||||||
2 | regarding criminal
history records checks and checks of the | ||||||
3 | Statewide Sex Offender Database and Statewide Murderer and | ||||||
4 | Violent Offender Against Youth Database of applicants for | ||||||
5 | employment;
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6 | (2) Sections 24-24 and 34-84A of the School Code | ||||||
7 | regarding discipline of
students;
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8 | (3) The Local Governmental and Governmental Employees | ||||||
9 | Tort Immunity Act;
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10 | (4) Section 108.75 of the General Not For Profit | ||||||
11 | Corporation Act of 1986
regarding indemnification of | ||||||
12 | officers, directors, employees, and agents;
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13 | (5) The Abused and Neglected Child Reporting Act;
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14 | (6) The Illinois School Student Records Act;
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15 | (7) Section 10-17a of the School Code regarding school | ||||||
16 | report cards; and
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17 | (8) The P-20 Longitudinal Education Data System Act. | ||||||
18 | The change made by Public Act 96-104 to this subsection (g) | ||||||
19 | is declaratory of existing law. | ||||||
20 | (h) A charter school may negotiate and contract with a | ||||||
21 | school district, the
governing body of a State college or | ||||||
22 | university or public community college, or
any other public or | ||||||
23 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
24 | school building and grounds or any other real property or | ||||||
25 | facilities that
the charter school desires to use or convert | ||||||
26 | for use as a charter school site,
(ii) the operation and |
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1 | maintenance thereof, and
(iii) the provision of any service, | ||||||
2 | activity, or undertaking that the charter
school is required to | ||||||
3 | perform in order to carry out the terms of its charter.
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4 | However, a charter school
that is established on
or
after the | ||||||
5 | effective date of this amendatory Act of the 93rd General
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6 | Assembly and that operates
in a city having a population | ||||||
7 | exceeding
500,000 may not contract with a for-profit entity to
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8 | manage or operate the school during the period that commences | ||||||
9 | on the
effective date of this amendatory Act of the 93rd | ||||||
10 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
11 | school year.
Except as provided in subsection (i) of this | ||||||
12 | Section, a school district may
charge a charter school | ||||||
13 | reasonable rent for the use of the district's
buildings, | ||||||
14 | grounds, and facilities. Any services for which a charter | ||||||
15 | school
contracts
with a school district shall be provided by | ||||||
16 | the district at cost. Any services
for which a charter school | ||||||
17 | contracts with a local school board or with the
governing body | ||||||
18 | of a State college or university or public community college
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19 | shall be provided by the public entity at cost.
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20 | (h-5) This State and authorizers shall seek to provide | ||||||
21 | equitable access to facilities for charter schools via access | ||||||
22 | to unused school district or State facilities. Each school | ||||||
23 | district or the State Board, by collecting information from | ||||||
24 | each district, shall annually compile, maintain, and publish a | ||||||
25 | database of all eligible, unused facilities and establish a | ||||||
26 | district process for charter schools to apply for the available |
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1 | facilities. Charter schools shall have an opportunity to access | ||||||
2 | those facilities through lease or purchase. The process | ||||||
3 | established shall include input from the relevant community | ||||||
4 | before a final lease or sell decision is made. | ||||||
5 | (i) In no event shall a charter school that is established | ||||||
6 | by converting an
existing school or attendance center to | ||||||
7 | charter school status be required to
pay rent for space
that is | ||||||
8 | deemed available, as negotiated and provided in the charter | ||||||
9 | agreement,
in school district
facilities. However, all other | ||||||
10 | costs for the operation and maintenance of
school district | ||||||
11 | facilities that are used by the charter school shall be subject
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12 | to negotiation between
the charter school and the local school | ||||||
13 | board and shall be set forth in the
charter.
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14 | (j) A charter school may limit student enrollment by age or | ||||||
15 | grade level.
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16 | (k) If the charter school is approved by the Commission, | ||||||
17 | then the Commission charter school is its own local education | ||||||
18 | agency. | ||||||
19 | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | ||||||
20 | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
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21 | (105 ILCS 5/27A-5.5 new) | ||||||
22 | Sec. 27A-5.5. Charter School Facilities Fund. | ||||||
23 | (a) The Charter School Facilities Fund is created as a | ||||||
24 | special fund in the State treasury. All money in the Fund shall | ||||||
25 | be used, subject to appropriation, by the State Board for |
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1 | credit enhancement for charter schools. | ||||||
2 | (b) Using the amounts appropriated from the Charter School | ||||||
3 | Facilities Fund, the State Board shall make and disburse grants | ||||||
4 | to eligible nonprofit corporations to carry out the purposes | ||||||
5 | set forth in subsection (c) of this Section. | ||||||
6 | (c) The recipient of a grant under subsection (b) of this | ||||||
7 | Section shall use the money provided under the grant to carry | ||||||
8 | out activities to assist charter schools in: | ||||||
9 | (1) obtaining financing to acquire interests in real | ||||||
10 | property (including by purchase, lease, or donation), | ||||||
11 | including financing to cover planning, development, and | ||||||
12 | other incidental costs; | ||||||
13 | (2) obtaining financing for construction of facilities | ||||||
14 | or the renovation, repair, or alteration of existing | ||||||
15 | property or facilities (including the purchase or | ||||||
16 | replacement of fixtures and equipment), including | ||||||
17 | financing to cover planning, development, and other | ||||||
18 | incidental costs; | ||||||
19 | (3) enhancing the availability of loans, including | ||||||
20 | mortgages, and bonds; and | ||||||
21 | (4) obtaining lease guarantees.
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22 | (105 ILCS 5/27A-6)
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23 | Sec. 27A-6. Contract contents; applicability of laws and | ||||||
24 | regulations.
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25 | (a) A certified charter shall constitute a binding contract |
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1 | and agreement
between
the charter school and a local school | ||||||
2 | board under the terms of which the local
school board | ||||||
3 | authorizes the governing body of the charter school to operate | ||||||
4 | the
charter
school on the terms specified in the contract. | ||||||
5 | (a-5) The charter school and the authorizer shall ensure | ||||||
6 | that all charter contracts will be executed within 120 days | ||||||
7 | after the charter's approval and at least 30 days before the | ||||||
8 | start of school, whichever comes first.
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9 | (b) Notwithstanding any other provision of this Article, | ||||||
10 | the certified
charter
may
not waive or release the charter | ||||||
11 | school from the State goals, standards, and
assessments | ||||||
12 | established pursuant to Section 2-3.64.
Beginning with the | ||||||
13 | 2003-2004 school year, the certified charter for a charter
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14 | school operating in a city having a population exceeding | ||||||
15 | 500,000 shall
require the charter school to administer any | ||||||
16 | other nationally recognized
standardized tests to its students | ||||||
17 | that the chartering entity administers to
other
students, and | ||||||
18 | the results on such tests shall be included in the
chartering | ||||||
19 | entity's assessment reports.
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20 | (c) Subject to the provisions of subsection (e), a material | ||||||
21 | revision to a
previously certified contract or a renewal shall | ||||||
22 | be made with
the approval of both the local school board and | ||||||
23 | the governing body of the
charter school.
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24 | (c-5) The proposed contract shall include a provision on | ||||||
25 | how both parties
will address minor violations of the contract.
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26 | (d) The proposed contract between the governing body of a |
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1 | proposed charter
school and the local school board as described | ||||||
2 | in Section 27A-7 must be
submitted to and certified by the | ||||||
3 | State Board before it can take effect. If
the State Board | ||||||
4 | recommends that the proposed contract be modified for
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5 | consistency with this Article before it can be certified, the | ||||||
6 | modifications
must be consented to by both the governing body | ||||||
7 | of
the charter school and the local school board, and | ||||||
8 | resubmitted to the State
Board for its certification. If the | ||||||
9 | proposed contract is resubmitted in a form
that is not | ||||||
10 | consistent with this Article, the State
Board may refuse to | ||||||
11 | certify the charter.
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12 | The State Board shall assign a number to each submission or | ||||||
13 | resubmission in
chronological order of receipt, and shall | ||||||
14 | determine whether the proposed
contract is consistent with the | ||||||
15 | provisions of this Article. If the proposed
contract complies, | ||||||
16 | the State Board shall so certify.
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17 | (e) No material revision to a previously certified contract | ||||||
18 | or a renewal
shall be effective unless and until the State | ||||||
19 | Board certifies that the revision
or renewal is consistent with | ||||||
20 | the provisions of this Article.
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21 | (Source: P.A. 93-3, eff. 4-16-03.)
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22 | (105 ILCS 5/27A-7)
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23 | Sec. 27A-7. Charter submission.
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24 | (a) A proposal to establish a charter school shall be | ||||||
25 | submitted to the
State Board and the local school board in the |
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1 | form of a proposed contract
entered
into between the local | ||||||
2 | school board and the governing body of a proposed
charter | ||||||
3 | school. The
charter school proposal as submitted to the State | ||||||
4 | Board shall include:
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5 | (1) The name of the proposed charter school, which must | ||||||
6 | include the words
"Charter School".
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7 | (2) The age or grade range, areas of focus, minimum and | ||||||
8 | maximum numbers of
pupils to be enrolled in the charter | ||||||
9 | school, and any other admission criteria
that would be | ||||||
10 | legal if used by a school district.
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11 | (3) A description of and address for the physical plant | ||||||
12 | in which the
charter school will be located; provided that | ||||||
13 | nothing in the Article shall be
deemed to justify delaying | ||||||
14 | or withholding favorable action on or approval of a
charter | ||||||
15 | school proposal because the building or buildings in which | ||||||
16 | the charter
school is to be located have not been acquired | ||||||
17 | or rented at the time a charter
school proposal is | ||||||
18 | submitted or approved or a charter school contract is
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19 | entered
into or submitted for certification or certified, | ||||||
20 | so long as the proposal or
submission identifies and names | ||||||
21 | at least 2 sites that are potentially available
as a | ||||||
22 | charter school facility by the time the charter school is | ||||||
23 | to open.
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24 | (4) The mission statement of the charter school, which | ||||||
25 | must be consistent
with the General Assembly's declared | ||||||
26 | purposes; provided that nothing in this
Article shall be |
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1 | construed to require that, in order to receive favorable
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2 | consideration and approval, a charter school proposal | ||||||
3 | demonstrate unequivocally
that the charter school will be | ||||||
4 | able to meet each of those declared purposes,
it
being the | ||||||
5 | intention of the Charter Schools Law that those purposes be
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6 | recognized as goals that
charter schools must aspire to | ||||||
7 | attain.
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8 | (5) The goals, objectives, and pupil performance | ||||||
9 | standards to be achieved
by the charter school.
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10 | (6) In the case of a proposal to establish a charter | ||||||
11 | school by
converting an existing public school or | ||||||
12 | attendance center to charter school
status, evidence that | ||||||
13 | the proposed formation of the charter school has received
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14 | the approval of certified teachers, parents
and
guardians, | ||||||
15 | and, if applicable, a local school council as provided in
| ||||||
16 | subsection
(b) of Section 27A-8.
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17 | (7) A description of the charter school's educational | ||||||
18 | program, pupil
performance standards, curriculum, school | ||||||
19 | year, school days, and hours of
operation.
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20 | (8) A description of the charter school's plan for | ||||||
21 | evaluating pupil
performance, the types of assessments | ||||||
22 | that will be used to measure pupil
progress towards | ||||||
23 | achievement of the school's pupil performance standards, | ||||||
24 | the
timeline for achievement of those standards, and the | ||||||
25 | procedures for taking
corrective action in the event that | ||||||
26 | pupil performance at the charter school
falls below those |
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1 | standards.
| ||||||
2 | (9) Evidence that the terms of the charter as proposed | ||||||
3 | are economically
sound
for both the charter school and the | ||||||
4 | school district, a proposed budget for the
term of the | ||||||
5 | charter, a description of the manner in which an annual
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6 | audit of the financial and administrative operations of the | ||||||
7 | charter school,
including any services provided by the | ||||||
8 | school district, are to be conducted,
and
a plan for the | ||||||
9 | displacement of pupils, teachers, and other employees who | ||||||
10 | will
not attend or be employed in the charter school.
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11 | (10) A description of the governance and operation of | ||||||
12 | the charter school,
including the nature and extent of | ||||||
13 | parental, professional educator, and
community involvement | ||||||
14 | in the governance and operation of the charter school.
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15 | (11) An explanation of the relationship that will exist | ||||||
16 | between the
charter school and its employees, including | ||||||
17 | evidence that the terms and
conditions of employment have | ||||||
18 | been addressed with affected employees and their
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19 | recognized representative, if any. However, a bargaining | ||||||
20 | unit of charter
school employees shall be separate and
| ||||||
21 | distinct from any bargaining units formed from employees of | ||||||
22 | a school district
in
which the charter school is located.
| ||||||
23 | (12) An agreement between the parties regarding their | ||||||
24 | respective
legal liability and applicable insurance | ||||||
25 | coverage.
| ||||||
26 | (13) A description of how the charter school plans to |
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1 | meet the
transportation needs of its pupils, and a plan for | ||||||
2 | addressing the
transportation needs
of low-income and | ||||||
3 | at-risk pupils.
| ||||||
4 | (14) The proposed effective date and term of the | ||||||
5 | charter; provided that
the
first day of the first academic | ||||||
6 | year and the first day of the fiscal year
shall be no | ||||||
7 | earlier than August 15 and no later than September 15 of a
| ||||||
8 | calendar year.
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9 | (15) Any other information reasonably required by the | ||||||
10 | State Board of
Education. | ||||||
11 | (16) If applicable, a description of any contract | ||||||
12 | between the charter applicant and either a for-profit or | ||||||
13 | non-profit educational service provider for substantial | ||||||
14 | educational services, management services, or both types | ||||||
15 | of services, including all of the following: | ||||||
16 | (A) If applicable, evidence of the educational | ||||||
17 | service provider's success in serving student | ||||||
18 | populations similar to the targeted population, | ||||||
19 | including demonstrated academic achievement as well as | ||||||
20 | successful management of non-academic school | ||||||
21 | functions. | ||||||
22 | (B) A term sheet setting forth the proposed | ||||||
23 | duration of the service contract; the roles and | ||||||
24 | responsibilities of the governing body, the school | ||||||
25 | staff, and the service provider; the scope of services | ||||||
26 | and resources to be provided by the service provider; |
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1 | performance evaluation measures and timelines; the | ||||||
2 | compensation structure, including clear identification | ||||||
3 | of all fees to be paid to the service provider; the | ||||||
4 | methods of contract oversight and enforcement; | ||||||
5 | investment disclosure; and the conditions for renewal | ||||||
6 | and termination of the contract. | ||||||
7 | (C) Disclosure and explanation of any existing or | ||||||
8 | potential conflicts of interest between the charter | ||||||
9 | school's governing body and the proposed service | ||||||
10 | provider or any affiliated business entities.
| ||||||
11 | (b) A proposal to establish a charter school may be | ||||||
12 | initiated by individuals
or organizations that will have
| ||||||
13 | majority representation on the board of directors or other | ||||||
14 | governing body of
the corporation or other discrete legal | ||||||
15 | entity that is to be established to
operate the proposed | ||||||
16 | charter school, by a board of education or an
intergovernmental | ||||||
17 | agreement between or among boards of education, or by the
board | ||||||
18 | of directors or other
governing body of a discrete legal entity | ||||||
19 | already existing or established to
operate the proposed
charter | ||||||
20 | school. The individuals or organizations referred to in this
| ||||||
21 | subsection may be school teachers, school administrators, | ||||||
22 | local school
councils, colleges or
universities or their | ||||||
23 | faculty
members, public community colleges or their | ||||||
24 | instructors or other
representatives, corporations, or other | ||||||
25 | entities or their
representatives. The proposal shall be
| ||||||
26 | submitted to the local school board for consideration and, if
|
| |||||||
| |||||||
1 | appropriate, for
development of a proposed contract to be | ||||||
2 | submitted to the State Board for
certification under
Section | ||||||
3 | 27A-6.
| ||||||
4 | (c) The local school board may not without the consent of | ||||||
5 | the governing body
of the charter school condition its approval | ||||||
6 | of a charter school proposal on
acceptance of an agreement to | ||||||
7 | operate under State laws and regulations and
local school board | ||||||
8 | policies from which the charter school is otherwise exempted
| ||||||
9 | under this Article.
| ||||||
10 | (Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
| ||||||
11 | (105 ILCS 5/27A-7.5) | ||||||
12 | Sec. 27A-7.5. State Charter School Commission. | ||||||
13 | (a) A State Charter School Commission is established as an | ||||||
14 | independent commission with statewide chartering jurisdiction | ||||||
15 | and authority. The Commission shall be under the State Board | ||||||
16 | for administrative purposes only. | ||||||
17 | (a-5) The State Board shall provide administrative support | ||||||
18 | to the Commission as needed. | ||||||
19 | (b) The Commission is responsible for authorizing | ||||||
20 | high-quality charter schools throughout this State, | ||||||
21 | particularly schools designed to expand opportunities for | ||||||
22 | at-risk students, consistent with the purposes of this Article. | ||||||
23 | (c) The Commission shall consist of 9 members, appointed by | ||||||
24 | the State Board. The State Board shall make these appointments | ||||||
25 | from a slate of candidates proposed by the Governor, within 60 |
| |||||||
| |||||||
1 | days after the effective date of this amendatory Act of the | ||||||
2 | 97th General Assembly with respect to the initial Commission | ||||||
3 | members. In making the appointments, the State Board shall | ||||||
4 | ensure statewide geographic diversity among Commission | ||||||
5 | members. The Governor shall propose a slate of candidates to | ||||||
6 | the State Board within 60 days after the effective date of this | ||||||
7 | amendatory Act of the 97th General Assembly and 60 days prior | ||||||
8 | to the expiration of the term of a member thereafter. If the | ||||||
9 | Governor fails to timely propose a slate of candidates | ||||||
10 | according to the provisions of this subsection (c), then the | ||||||
11 | State Board may appoint the member or members of the | ||||||
12 | Commission. | ||||||
13 | (d) Members appointed to the Commission shall collectively | ||||||
14 | possess strong experience and expertise in public and nonprofit | ||||||
15 | governance, management and finance, public school leadership, | ||||||
16 | higher education, assessments, curriculum and instruction, and | ||||||
17 | public education law. All members of the Commission shall have | ||||||
18 | demonstrated understanding of and a commitment to public | ||||||
19 | education, including without limitation charter schooling. At | ||||||
20 | least 3 members must have past experience with urban charter | ||||||
21 | schools. | ||||||
22 | (e) To establish staggered terms of office, the initial | ||||||
23 | term of office for 3 Commission members shall be 4 years and | ||||||
24 | thereafter shall be 4 years; the initial term of office for | ||||||
25 | another 3 members shall be 3 years and thereafter shall be 4 | ||||||
26 | years; and the initial term of office for the remaining 3 |
| |||||||
| |||||||
1 | members shall be 2 years and thereafter shall be 4 years. The | ||||||
2 | initial appointments must be made no later than October 1, | ||||||
3 | 2011. | ||||||
4 | (f) Whenever a vacancy on the Commission exists, the State | ||||||
5 | Board shall appoint a member for the remaining portion of the | ||||||
6 | term. | ||||||
7 | (g) Subject to the State Officials and Employees Ethics | ||||||
8 | Act, the Commission is authorized to receive and expend gifts, | ||||||
9 | grants, and donations of any kind from any public or private | ||||||
10 | entity to carry out the purposes of this Article, subject to | ||||||
11 | the terms and conditions under which they are given, provided | ||||||
12 | that all such terms and conditions are permissible under law. | ||||||
13 | Funds received under this subsection (g) must be deposited into | ||||||
14 | the State Charter School Commission Fund. | ||||||
15 | The State Charter School Commission Fund is created as a | ||||||
16 | special fund in the State treasury. All money in the Fund shall | ||||||
17 | be used, subject to appropriation, by the State Board, acting | ||||||
18 | on behalf and with the consent of the Commission, for | ||||||
19 | operational and administrative costs of the Commission. | ||||||
20 | Subject to appropriation, any funds appropriated for use by | ||||||
21 | the State Board, acting on behalf and with the consent of the | ||||||
22 | Commission, may be used for the following purposes, without | ||||||
23 | limitation: personal services, contractual services, and other | ||||||
24 | operational and administrative costs. The State Board is | ||||||
25 | further authorized to make expenditures with respect to any | ||||||
26 | other amounts deposited in accordance with law into the State |
| |||||||
| |||||||
1 | Charter School Commission Fund. | ||||||
2 | (g-5) Funds or spending authority for the operation and | ||||||
3 | administrative costs of the Commission shall be appropriated to | ||||||
4 | the State Board in a separate line item. The State | ||||||
5 | Superintendent of Education may not reduce or modify the budget | ||||||
6 | of the Commission or use funds appropriated to the Commission | ||||||
7 | without the approval of the Commission. | ||||||
8 | (h) The Commission shall operate with dedicated resources | ||||||
9 | and staff qualified to execute the day-to-day responsibilities | ||||||
10 | of charter school authorizing in accordance with this Article. | ||||||
11 | The Commission may employ and fix the compensation of such | ||||||
12 | employees and technical assistants as it deems necessary to | ||||||
13 | carry out its powers and duties under this Article, without | ||||||
14 | regard to the requirements of any civil service or personnel | ||||||
15 | statute; and may establish and administer standards of | ||||||
16 | classification of all such persons with respect to their | ||||||
17 | compensation, duties, performance, and tenure and enter into | ||||||
18 | contracts of employment with such persons for such periods and | ||||||
19 | on such terms as the Commission deems desirable. | ||||||
20 | (i) Every 2 years, the Commission shall provide to the | ||||||
21 | State Board and local school boards a report on best practices | ||||||
22 | in charter school authorizing, including without limitation | ||||||
23 | evaluating applications, oversight of charters, and renewal of | ||||||
24 | charter schools. | ||||||
25 | (i-5) In no event shall the funding for | ||||||
26 | Commission-authorized charter schools be less than 97% or more |
| |||||||
| |||||||
1 | than 103% of the school district's per capita student tuition | ||||||
2 | multiplied by the number of students residing in the district | ||||||
3 | who are enrolled in the charter school. | ||||||
4 | (j) The Commission may charge a charter school that it | ||||||
5 | authorizes a fee, not to exceed 3% of the revenue provided to | ||||||
6 | the school, to cover the cost of undertaking the ongoing | ||||||
7 | administrative responsibilities of the eligible chartering | ||||||
8 | authority with respect to the school. This fee must be | ||||||
9 | deposited into the State Charter School Commission Fund. | ||||||
10 | (k) Any charter school authorized by the State Board prior | ||||||
11 | to this amendatory Act of the 97th General Assembly shall have | ||||||
12 | its authorization transferred to the Commission upon a vote of | ||||||
13 | the State Board, which shall then become the school's | ||||||
14 | authorizer for all purposes under this Article. However, in no | ||||||
15 | case shall such transfer take place later than July 1, 2012. At | ||||||
16 | this time, all of the powers, duties, assets, liabilities, | ||||||
17 | contracts, property, records, and pending business of the State | ||||||
18 | Board as the school's authorizer must be transferred to the | ||||||
19 | Commission. Any charter school authorized by a local school | ||||||
20 | board or boards may seek transfer of authorization to the | ||||||
21 | Commission during its current term only with the approval of | ||||||
22 | the local school board or boards. At the end of its charter | ||||||
23 | term, a charter school authorized by a local school board or | ||||||
24 | boards must reapply to the board or boards before it may apply | ||||||
25 | for authorization to the Commission under the terms of this | ||||||
26 | amendatory Act of the 97th General Assembly. |
| |||||||
| |||||||
1 | On the effective date of this amendatory Act of the 97th | ||||||
2 | General Assembly, all rules of the State Board applicable to | ||||||
3 | matters falling within the responsibility of the Commission | ||||||
4 | shall be applicable to the actions of the Commission. The | ||||||
5 | Commission shall thereafter have the authority to propose to | ||||||
6 | the State Board modifications to all rules applicable to | ||||||
7 | matters falling within the responsibility of the Commission. | ||||||
8 | The State Board shall retain rulemaking authority for the | ||||||
9 | Commission, but shall work jointly with the Commission on any | ||||||
10 | proposed modifications. Upon recommendation of proposed rule | ||||||
11 | modifications by the Commission and pursuant to the Illinois | ||||||
12 | Administrative Procedure Act, the State Board shall consider | ||||||
13 | such changes within the intent of this amendatory Act of the | ||||||
14 | 97th General Assembly and grant any and all changes consistent | ||||||
15 | with that intent. | ||||||
16 | (l) The Commission shall have the responsibility to | ||||||
17 | consider appeals under this Article immediately upon | ||||||
18 | appointment of the initial members of the Commission under | ||||||
19 | subsection (c) of this Section. Appeals pending at the time of | ||||||
20 | initial appointment shall be determined by the Commission; the | ||||||
21 | Commission may extend the time for review as necessary for | ||||||
22 | thorough review, but in no case shall the extension exceed the | ||||||
23 | time that would have been available had the appeal been | ||||||
24 | submitted to the Commission on the date of appointment of its | ||||||
25 | initial members. In any appeal filed with the Commission under | ||||||
26 | this Article, both the applicant and the school district in |
| |||||||
| |||||||
1 | which the charter school plans to locate shall have the right | ||||||
2 | to request a hearing before the Commission. If more than one | ||||||
3 | entity requests a hearing, then the Commission may hold only | ||||||
4 | one hearing, wherein the applicant and the school district | ||||||
5 | shall have an equal opportunity to present their respective | ||||||
6 | positions.
| ||||||
7 | (Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11; | ||||||
8 | 97-1156, eff. 1-25-13.) | ||||||
9 | (105 ILCS 5/27A-7.10) | ||||||
10 | Sec. 27A-7.10. Authorizer powers and duties; immunity; | ||||||
11 | principles and standards. | ||||||
12 | (a) Authorizers are responsible for executing, in | ||||||
13 | accordance with this Article, all of the following powers and | ||||||
14 | duties: | ||||||
15 | (1) Soliciting and evaluating charter applications. | ||||||
16 | (2) Approving quality charter applications that meet | ||||||
17 | identified educational needs and promote a diversity of | ||||||
18 | educational choices. | ||||||
19 | (3) Declining to approve weak or inadequate charter | ||||||
20 | applications. | ||||||
21 | (4) Negotiating and executing sound charter contracts | ||||||
22 | with each approved charter school. | ||||||
23 | (5) Monitoring, in accordance with charter contract | ||||||
24 | terms, the performance and legal compliance of charter | ||||||
25 | schools. |
| |||||||
| |||||||
1 | (6) Determining whether each charter contract merits | ||||||
2 | renewal, nonrenewal, or revocation. | ||||||
3 | (b) An authorizing entity may delegate its duties to | ||||||
4 | officers, employees, and contractors. | ||||||
5 | (b-5) An authorizer may charge a charter school that it | ||||||
6 | authorizes a fee, not to exceed 3% of the revenue provided to | ||||||
7 | the charter school, to cover the cost of undertaking the | ||||||
8 | ongoing administrative responsibilities of the authorizer with | ||||||
9 | respect to the charter school. | ||||||
10 | (c) Regulation by authorizers is limited to the powers and | ||||||
11 | duties set forth in subsection (a) of this Section and must be | ||||||
12 | consistent with the spirit and intent of this Article. | ||||||
13 | (d) An authorizing entity, members of the local school | ||||||
14 | board, or the Commission, in their official capacity, and | ||||||
15 | employees of an authorizer are immune from civil and criminal | ||||||
16 | liability with respect to all activities related to a charter | ||||||
17 | school that they authorize, except for willful or wanton | ||||||
18 | misconduct. | ||||||
19 | (e) The Commission and all local school boards that have a | ||||||
20 | charter school operating are required to develop and maintain | ||||||
21 | chartering policies and practices consistent with recognized | ||||||
22 | principles and standards for quality charter authorizing in all | ||||||
23 | major areas of authorizing responsibility, including all of the | ||||||
24 | following: | ||||||
25 | (1) Organizational capacity and infrastructure. | ||||||
26 | (2) Soliciting and evaluating charter applications. |
| |||||||
| |||||||
1 | (3) Performance contracting. | ||||||
2 | (4) Ongoing charter school oversight and evaluation. | ||||||
3 | (5) Charter renewal decision-making. | ||||||
4 | Authorizers shall carry out all their duties under this | ||||||
5 | Article in a manner consistent with nationally recognized | ||||||
6 | principles and standards and with the spirit and intent of this | ||||||
7 | Article.
| ||||||
8 | (Source: P.A. 97-152, eff. 7-20-11.)
| ||||||
9 | (105 ILCS 5/27A-8)
| ||||||
10 | Sec. 27A-8. Evaluation of charter proposals.
| ||||||
11 | (a) This Section does not apply to a charter school | ||||||
12 | established by
referendum under
Section 27A-6.5.
In evaluating | ||||||
13 | any charter
school proposal submitted to it, the local school | ||||||
14 | board and the Commission shall give preference
to proposals | ||||||
15 | that:
| ||||||
16 | (1) demonstrate a high level of local pupil, parental, | ||||||
17 | community,
business, and school personnel support;
| ||||||
18 | (2) set rigorous levels of expected pupil achievement | ||||||
19 | and demonstrate
feasible plans for attaining those levels | ||||||
20 | of achievement; and
| ||||||
21 | (3) are designed to enroll and serve a substantial | ||||||
22 | proportion of at-risk
children; provided that nothing in | ||||||
23 | the Charter Schools Law shall be construed
as intended to
| ||||||
24 | limit the establishment of charter schools to those that | ||||||
25 | serve a substantial
portion of at-risk children or to in |
| |||||||
| |||||||
1 | any manner restrict, limit, or discourage
the
| ||||||
2 | establishment of charter schools that enroll and serve | ||||||
3 | other pupil populations
under a nonexclusive, | ||||||
4 | nondiscriminatory admissions policy.
| ||||||
5 | (b) In the case of a proposal to establish a charter school | ||||||
6 | by converting an
existing public school or attendance center to | ||||||
7 | charter school status, evidence
that the proposed formation of | ||||||
8 | the charter school has received majority support
from certified | ||||||
9 | teachers and from parents and guardians in the school or
| ||||||
10 | attendance center affected by the proposed charter, and, if | ||||||
11 | applicable, from a
local school council, shall be demonstrated | ||||||
12 | by a petition in support of the
charter school signed by | ||||||
13 | certified teachers and a petition in support of the
charter | ||||||
14 | school signed by parents and guardians and, if applicable, by a | ||||||
15 | vote of
the local school council held at a public meeting. In | ||||||
16 | the case of all other
proposals to establish a charter school, | ||||||
17 | evidence of sufficient support to fill
the number of pupil | ||||||
18 | seats set forth in the proposal may be
demonstrated by a
| ||||||
19 | petition in support of the charter school signed by parents and | ||||||
20 | guardians of
students eligible to attend the charter school.
In | ||||||
21 | all cases, the individuals, organizations, or entities who | ||||||
22 | initiate
the proposal to establish a charter school may elect, | ||||||
23 | in lieu of including any
petition referred to in this | ||||||
24 | subsection as a part of the proposal submitted to
the local | ||||||
25 | school board, to demonstrate that the charter school has
| ||||||
26 | received the support referred to in this subsection by other |
| |||||||
| |||||||
1 | evidence and
information presented at the public meeting that | ||||||
2 | the local school board is
required to convene under this | ||||||
3 | Section.
| ||||||
4 | (c) Within 45 days of receipt of a charter school proposal, | ||||||
5 | the local school
board shall convene a public meeting to obtain | ||||||
6 | information to assist the board
in its decision to grant or | ||||||
7 | deny the charter school proposal. A local school board may | ||||||
8 | develop its own process for receiving charter school proposals | ||||||
9 | on an annual basis that follows the same timeframes as set | ||||||
10 | forth in this Article. Only after the local school board | ||||||
11 | process is followed may a charter school applicant appeal to | ||||||
12 | the Commission.
| ||||||
13 | (d) Notice of the public meeting required by this Section | ||||||
14 | shall be published
in a community newspaper published in the | ||||||
15 | school district in which the proposed
charter is located and, | ||||||
16 | if there is no such newspaper, then in a newspaper
published in | ||||||
17 | the county and having circulation in the school district. The
| ||||||
18 | notices shall be published not more than 10 days nor less than | ||||||
19 | 5 days before
the meeting and shall state that information | ||||||
20 | regarding a charter school
proposal will be heard at the | ||||||
21 | meeting. Copies of the notice shall also be
posted at | ||||||
22 | appropriate locations in the school or attendance center | ||||||
23 | proposed to
be established as a charter school, the public | ||||||
24 | schools in the school district,
and the local school board | ||||||
25 | office. If 45 days pass without the local school board holding | ||||||
26 | a public meeting, then the charter applicant may submit the |
| |||||||
| |||||||
1 | proposal to the Commission, where it must be addressed in | ||||||
2 | accordance with the provisions set forth in subsection (g) of | ||||||
3 | this Section.
| ||||||
4 | (e) Within 30 days of the public meeting, the local school | ||||||
5 | board shall vote,
in a public meeting, to either grant or deny | ||||||
6 | the charter school proposal. If the local school board has not | ||||||
7 | voted in a public meeting within 30 days after the public | ||||||
8 | meeting, then the charter applicant may submit the proposal to | ||||||
9 | the Commission, where it must be addressed in accordance with | ||||||
10 | the provisions set forth in subsection (g) of this Section.
| ||||||
11 | (f) Within 7 days of the public meeting required under | ||||||
12 | subsection (e) of this Section, the
local school board shall | ||||||
13 | file a report with the State Board
granting or denying the | ||||||
14 | proposal.
If the local school board has approved the proposal, | ||||||
15 | within 30 days of receipt of the local school board's
report, | ||||||
16 | the State Board shall determine whether the approved charter
| ||||||
17 | proposal is consistent with the
provisions of this Article and, | ||||||
18 | if the approved proposal
complies,
certify the proposal | ||||||
19 | pursuant to Section 27A-6.
| ||||||
20 | (g) If the local school board votes to deny the proposal, | ||||||
21 | then the charter school applicant has 30 days from the date of | ||||||
22 | that vote to submit an appeal to the Commission. If the local | ||||||
23 | school board and the charter school applicant cannot agree on | ||||||
24 | the terms of the charter contract, then the charter school | ||||||
25 | applicant may appeal to the Commission. In such instances or in | ||||||
26 | those instances referenced in subsections (d) and (e) of this |
| |||||||
| |||||||
1 | Section, the Commission shall follow the same process and be | ||||||
2 | subject to the same timelines for review as the local school | ||||||
3 | board. | ||||||
4 | (h) The Commission may reverse a local school board's | ||||||
5 | decision to deny a charter school proposal if the Commission | ||||||
6 | finds that the proposal (i) is in compliance with this Article | ||||||
7 | and (ii) is in the best interests of the students the charter | ||||||
8 | school is designed to serve. Final decisions of the Commission | ||||||
9 | are subject to judicial review under the Administrative Review | ||||||
10 | Law. | ||||||
11 | (i) In the case of a charter school proposed to be jointly | ||||||
12 | authorized by 2 or more school districts, the local school | ||||||
13 | boards may unanimously deny the charter school proposal with a | ||||||
14 | statement that the local school boards are not opposed to the | ||||||
15 | charter school, but that they yield to the Commission in light | ||||||
16 | of the complexities of joint administration. | ||||||
17 | (Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09; | ||||||
18 | 96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
| ||||||
19 | (105 ILCS 5/27A-9)
| ||||||
20 | Sec. 27A-9. Term of charter; renewal.
| ||||||
21 | (a) A charter may be granted for a period not less than 5 | ||||||
22 | and not
more than
10
school years. A charter may be renewed in | ||||||
23 | incremental periods not to exceed 10
5
school years. A charter | ||||||
24 | must meet standards for academic, organizational, and | ||||||
25 | financial performance set forth by the authorizer in order to |
| |||||||
| |||||||
1 | be renewed for a full term of 10 years.
| ||||||
2 | (b) A charter school renewal proposal submitted to the
| ||||||
3 | local school board or the Commission, as the chartering entity,
| ||||||
4 | shall contain:
| ||||||
5 | (1) A report on the progress of the charter school in | ||||||
6 | achieving the goals,
objectives, pupil performance | ||||||
7 | standards, content standards, and other terms of
the | ||||||
8 | initial approved charter proposal; and
| ||||||
9 | (2) A financial statement that discloses the costs of | ||||||
10 | administration,
instruction, and other spending categories | ||||||
11 | for the charter school that is
understandable to the | ||||||
12 | general public and that will allow comparison of those
| ||||||
13 | costs to other schools or other comparable organizations, | ||||||
14 | in a format required
by the State Board.
| ||||||
15 | (c) A charter may be revoked
or not renewed if the local | ||||||
16 | school board or the Commission, as the chartering
entity,
| ||||||
17 | clearly demonstrates that the
charter school did any of the
| ||||||
18 | following, or otherwise failed to comply with the requirements | ||||||
19 | of this law:
| ||||||
20 | (1) Committed a material violation of any of the | ||||||
21 | conditions, standards, or
procedures set forth in the | ||||||
22 | charter.
| ||||||
23 | (2) Failed to meet or make reasonable progress toward | ||||||
24 | achievement of the
content standards or pupil performance | ||||||
25 | standards identified in the charter.
| ||||||
26 | (3) Failed to meet generally accepted standards of |
| |||||||
| |||||||
1 | fiscal management.
| ||||||
2 | (4) Violated any provision of law from which the | ||||||
3 | charter school was not
exempted.
| ||||||
4 | In the case of revocation, the local school board or the | ||||||
5 | Commission, as the chartering entity, shall notify the charter | ||||||
6 | school in writing of the reason why the charter is subject to | ||||||
7 | revocation. The charter school shall submit a written plan to | ||||||
8 | the local school board or the Commission, whichever is | ||||||
9 | applicable, to rectify the problem. The plan shall include a | ||||||
10 | timeline for implementation, which shall not exceed 2 years or | ||||||
11 | the date of the charter's expiration, whichever is earlier. If | ||||||
12 | the local school board or the Commission, as the chartering | ||||||
13 | entity, finds that the charter school has failed to implement | ||||||
14 | the plan of remediation and adhere to the timeline, then the | ||||||
15 | chartering entity shall revoke the charter. Except in | ||||||
16 | situations of an emergency where the health, safety, or | ||||||
17 | education of the charter school's students is at risk, the | ||||||
18 | revocation shall take place at the end of a school year. | ||||||
19 | Nothing in this amendatory Act of the 96th General Assembly | ||||||
20 | shall be construed to prohibit an implementation timetable that | ||||||
21 | is less than 2 years in duration. | ||||||
22 | (d) (Blank).
| ||||||
23 | (e) Notice of a local school board's decision to
deny, | ||||||
24 | revoke or not to
renew a charter shall be provided to the | ||||||
25 | Commission and the State Board.
If the local school board and | ||||||
26 | the renewal charter school applicant cannot agree on the terms |
| |||||||
| |||||||
1 | of the charter contract, then the charter school applicant may | ||||||
2 | appeal to the Commission. The Commission may reverse a local | ||||||
3 | board's
decision
if the Commission finds
that the charter | ||||||
4 | school or charter school proposal (i) is in compliance with
| ||||||
5 | this Article, and (ii) is in the best interests of the students | ||||||
6 | it is designed
to serve.
The Commission State Board may | ||||||
7 | condition the granting of an appeal on the acceptance by
the | ||||||
8 | charter school of funding in an amount less than that requested | ||||||
9 | in the
proposal submitted to the local school board.
Final | ||||||
10 | decisions of the Commission shall be subject
to judicial review | ||||||
11 | under the Administrative Review Law.
| ||||||
12 | (f) Notwithstanding other provisions of this Article, if | ||||||
13 | the Commission
on appeal reverses a local board's decision
or | ||||||
14 | if a charter school is
approved by referendum,
the Commission
| ||||||
15 | shall act as the
authorized chartering entity for the charter | ||||||
16 | school.
The Commission shall
approve the charter and shall | ||||||
17 | perform all functions
under this
Article otherwise performed by | ||||||
18 | the local school
board. The State Board shall determine whether | ||||||
19 | the charter proposal approved by the Commission is consistent | ||||||
20 | with the provisions of this Article and, if the approved | ||||||
21 | proposal complies, certify the proposal pursuant to this | ||||||
22 | Article. The State Board shall
report the aggregate number of | ||||||
23 | charter school pupils resident in a school
district to that | ||||||
24 | district
and shall notify the district
of the amount of
funding | ||||||
25 | to be paid by the Commission to the charter school enrolling | ||||||
26 | such
students.
The Commission shall require the
charter school |
| |||||||
| |||||||
1 | to maintain accurate records of daily attendance that shall be
| ||||||
2 | deemed sufficient to file claims under Section 18-8.05 | ||||||
3 | notwithstanding any
other requirements of that Section | ||||||
4 | regarding hours of instruction and teacher
certification.
The | ||||||
5 | State Board shall withhold from funds otherwise due the | ||||||
6 | district
the funds authorized by this Article to be paid to the | ||||||
7 | charter school and shall
pay such amounts to the charter | ||||||
8 | school.
| ||||||
9 | (g) For charter schools authorized by the Commission, the | ||||||
10 | Commission shall quarterly certify to the State Board the | ||||||
11 | student enrollment for each of its charter schools. | ||||||
12 | (h) For charter schools authorized by the Commission, the | ||||||
13 | State Board shall pay directly to a charter school any federal | ||||||
14 | or State aid attributable to a student with a disability | ||||||
15 | attending the school. | ||||||
16 | (Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
| ||||||
17 | (105 ILCS 5/27A-11)
| ||||||
18 | Sec. 27A-11. Local financing.
| ||||||
19 | (a) For purposes of the School Code, pupils enrolled in a | ||||||
20 | charter school
shall be included in the pupil enrollment of the | ||||||
21 | school district within which
the
pupil resides. Each charter | ||||||
22 | school (i) shall determine the school district in
which each | ||||||
23 | pupil who is enrolled in the charter school resides,
(ii) shall
| ||||||
24 | report the aggregate number of pupils resident of a school | ||||||
25 | district who are
enrolled in the charter school to the school |
| |||||||
| |||||||
1 | district in which those pupils
reside, and (iii) shall maintain | ||||||
2 | accurate records of daily attendance that
shall be deemed | ||||||
3 | sufficient to file claims under Section 18-8 notwithstanding
| ||||||
4 | any other requirements of that Section regarding hours of | ||||||
5 | instruction and
teacher certification.
| ||||||
6 | (b) Except for a charter school established by referendum | ||||||
7 | under Section
27A-6.5, as part of a charter school contract, | ||||||
8 | the charter school and the
local
school board shall agree on | ||||||
9 | funding and any services to be provided by the
school district | ||||||
10 | to the charter school.
Agreed funding that a charter school is | ||||||
11 | to receive from the local school
board for a school year shall | ||||||
12 | be paid in
equal quarterly installments with the payment of the
| ||||||
13 | installment for the first quarter being made not later than | ||||||
14 | July 1, unless the
charter establishes a different payment | ||||||
15 | schedule.
| ||||||
16 | All services centrally or otherwise provided by the school | ||||||
17 | district
including, but not limited to, rent, food services, | ||||||
18 | custodial services,
maintenance,
curriculum, media services, | ||||||
19 | libraries, transportation, and warehousing shall be
subject to
| ||||||
20 | negotiation between a charter school and the local school board | ||||||
21 | and paid
for out
of the revenues negotiated pursuant to this | ||||||
22 | subsection (b); provided that the
local school board shall not | ||||||
23 | attempt, by negotiation or otherwise, to obligate
a charter | ||||||
24 | school to provide pupil transportation for pupils for whom a | ||||||
25 | district
is not required to provide transportation under the | ||||||
26 | criteria set forth in
subsection (a)(13) of Section 27A-7.
|
| |||||||
| |||||||
1 | In no event shall the funding be less than 75% or more than
| ||||||
2 | 125% of the
school district's per capita student tuition | ||||||
3 | multiplied by
the
number of students residing in the district | ||||||
4 | who are enrolled in the charter
school. | ||||||
5 | (b-5) In no event shall the funding be less than 97% or | ||||||
6 | more than 103% of the charter funding calculation. | ||||||
7 | The charter funding calculation must be determined by | ||||||
8 | dividing the total funds by the average daily attendance for | ||||||
9 | the year. The authorizer must distribute the money in a manner | ||||||
10 | consistent with the chosen pupil-count methodology in the | ||||||
11 | charter funding calculation. | ||||||
12 | A school district shall submit documentation to the State | ||||||
13 | Board that provides a methodology for equitable access to and | ||||||
14 | distribution of capital funding. The documentation must be | ||||||
15 | determined by the following method: | ||||||
16 | (1) calculate the total debt service expenditures, | ||||||
17 | less debt service expenditures on principal; | ||||||
18 | (2) add total depreciation allowance; and | ||||||
19 | (3) divide by per pupil or by average daily attendance | ||||||
20 | for the year. | ||||||
21 | The State Board shall annually certify all charter funding | ||||||
22 | calculation methodologies. | ||||||
23 | (b-10) A school district may elect to opt out of the | ||||||
24 | charter funding calculation and may instead fund any charter | ||||||
25 | schools on a per pupil basis using 100% of student-based | ||||||
26 | budgeting. |
| |||||||
| |||||||
1 | A school district must be certified by the State Board as a | ||||||
2 | requirement to implement student-based budgeting. | ||||||
3 | (1) A district seeking initial certification as a | ||||||
4 | student-based budgeting district shall submit | ||||||
5 | documentation to the State Board no later than May 1 of the | ||||||
6 | year it intends to implement student-based budgeting. | ||||||
7 | (2) The documentation shall include the district's | ||||||
8 | calculation methodology and sufficient evidence that such | ||||||
9 | calculations constitute student-based budgeting. | ||||||
10 | (3) The State Board may provide for an amendment | ||||||
11 | process to receive additional information after the | ||||||
12 | deadline. | ||||||
13 | (4) If a district was certified as a student-based | ||||||
14 | budgeting district the previous school year, then the | ||||||
15 | district shall submit documentation to the State Board no | ||||||
16 | later than June 30. | ||||||
17 | (5) Any district seeking certification as a | ||||||
18 | student-based budgeting district shall also submit | ||||||
19 | documentation to the State Board that provides a | ||||||
20 | methodology for equitable access to and distribution of | ||||||
21 | capital funding. Such distribution must be made as follows: | ||||||
22 | (A) calculate total debt service expenditures, | ||||||
23 | less debt service expenditures on principal; | ||||||
24 | (B) add total depreciation allowance; and | ||||||
25 | (C) divide by the average daily attendance. | ||||||
26 | (6) All documentation submitted to the State Board must |
| |||||||
| |||||||
1 | be publicly available and posted on the State Board's | ||||||
2 | Internet website and the district's Internet website; | ||||||
3 | (7) The State Board shall review submitted | ||||||
4 | documentation within 30 business days after submission and | ||||||
5 | shall notify and provide certification for all compliant | ||||||
6 | districts. | ||||||
7 | (8) The State Board shall notify all non-compliant | ||||||
8 | districts within 30 business day after submission. | ||||||
9 | (9) Upon notification from the State Board, all | ||||||
10 | non-compliant districts shall have 20 business days to | ||||||
11 | amend their submissions. | ||||||
12 | (10) The State Board shall notify the non-compliant | ||||||
13 | district within 15 business days if the amended submission | ||||||
14 | qualifies for certification. | ||||||
15 | (11) Upon certification from the State Board, a | ||||||
16 | district shall make any adjustments, if needed, to the | ||||||
17 | charter payments prior to the end of the current fiscal | ||||||
18 | year. | ||||||
19 | (12) A district that is unable to qualify for | ||||||
20 | certification from the State Board shall use the charter | ||||||
21 | funding calculation for charter school payments. | ||||||
22 | (b-15) All authorizers are required to include the funding | ||||||
23 | percentage provided to the charter school in the charter | ||||||
24 | contract. The annual funding percentage, if applicable, must be | ||||||
25 | outlined for the entire term of the charter contract. In the | ||||||
26 | case of a Commission-authorized charter school, the contract |
| |||||||
| |||||||
1 | shall specify a percentage of the relevant per capita tuition | ||||||
2 | charge. If a district uses student-based budgeting or the | ||||||
3 | charter funding calculation, the charter must set forth the | ||||||
4 | guidelines to determine funding based on the chosen methodology | ||||||
5 | (including, but not limited to, the categories of funding that | ||||||
6 | comprise the funding calculation) and, in the case of the | ||||||
7 | charter funding calculation, the percentage of funding to be | ||||||
8 | used to determine payments to the charter school. If an | ||||||
9 | authorizer does not include the required elements, including, | ||||||
10 | but not limited to, the funding amounts that are in compliance | ||||||
11 | with the charter school funding range, in the charter contracts | ||||||
12 | between the authorizer and the charter school that are | ||||||
13 | submitted to the State Board for certification, then the State | ||||||
14 | Board shall impose sanctions, such as not certifying those | ||||||
15 | contracts until such assurances of compliance are received, or | ||||||
16 | shall take other action as authorized by law. | ||||||
17 | (b-20) The Governor shall appoint a task force to execute a | ||||||
18 | study to ensure that the charter funding calculation and | ||||||
19 | student-based budgeting charter school funding formulas are | ||||||
20 | sound and have resulted in equitable funding for all students. | ||||||
21 | Task force members shall serve without compensation but shall | ||||||
22 | be reimbursed for their reasonable and necessary expenses from | ||||||
23 | funds appropriated for that purpose. The State Board of | ||||||
24 | Education shall provide administrative and other support to the | ||||||
25 | task force. The task force shall meet at the call of the | ||||||
26 | Governor and shall annually report its findings and |
| |||||||
| |||||||
1 | recommendations to the Governor and the General Assembly.
| ||||||
2 | (b-25) It is the intent of the General Assembly that | ||||||
3 | funding and service agreements
under this Section subsection | ||||||
4 | (b) shall be neither a financial incentive nor a
financial | ||||||
5 | disincentive to the establishment of a charter school.
| ||||||
6 | The charter school may set and collect reasonable fees. | ||||||
7 | Fees collected
from students enrolled at a charter school shall | ||||||
8 | be retained
by the charter school.
| ||||||
9 | (c) Notwithstanding any other provision subsection (b) of | ||||||
10 | this Section, the proportionate share
of State and federal | ||||||
11 | resources generated by students with disabilities or staff
| ||||||
12 | serving them shall be directed to charter schools enrolling | ||||||
13 | those students by
their school districts or administrative | ||||||
14 | units. The proportionate share of
moneys generated under other | ||||||
15 | federal or State categorical aid programs shall be
directed to | ||||||
16 | charter schools serving students eligible for that aid.
| ||||||
17 | (d) The governing body of a charter school is authorized to | ||||||
18 | accept
gifts,
donations, or grants of any kind made to the | ||||||
19 | charter school and to expend or
use gifts, donations, or grants | ||||||
20 | in accordance with the conditions prescribed by
the donor; | ||||||
21 | however, a gift, donation, or grant may not be accepted by the
| ||||||
22 | governing body if it is subject to any condition contrary to | ||||||
23 | applicable law or
contrary
to the terms of the contract between | ||||||
24 | the charter school and the local school
board. Charter schools | ||||||
25 | shall be encouraged to solicit and utilize community
volunteer | ||||||
26 | speakers and other instructional resources when providing |
| |||||||
| |||||||
1 | instruction
on the Holocaust and other historical events.
| ||||||
2 | (e) (Blank).
| ||||||
3 | (f) The State Board shall provide technical assistance to
| ||||||
4 | persons and groups
preparing or revising charter applications.
| ||||||
5 | (g) At the non-renewal or revocation of its charter, each
| ||||||
6 | charter school
shall refund to the local board of education all | ||||||
7 | unspent funds.
| ||||||
8 | (h) A charter school is authorized to incur temporary, | ||||||
9 | short
term debt to
pay operating expenses in anticipation of | ||||||
10 | receipt of funds from the local
school board.
| ||||||
11 | (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | ||||||
12 | 91-407, eff.
8-3-99.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|