Illinois General Assembly - Full Text of SB3081
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Full Text of SB3081  98th General Assembly




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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 Sections
527A-6 and 27A-7 as follows:
6    (105 ILCS 5/27A-6)
7    Sec. 27A-6. Contract contents; applicability of laws and
9    (a) A certified charter shall constitute a binding contract
10and agreement between the charter school and a local school
11board under the terms of which the local school board
12authorizes the governing body of the charter school to operate
13the charter school on the terms specified in the contract.
14    (b) Notwithstanding any other provision of this Article,
15the certified charter may not waive or release the charter
16school from the State goals, standards, and assessments
17established pursuant to Section 2-3.64. Beginning with the
182003-2004 school year, the certified charter for a charter
19school operating in a city having a population exceeding
20500,000 shall require the charter school to administer any
21other nationally recognized standardized tests to its students
22that the chartering entity administers to other students, and
23the results on such tests shall be included in the chartering



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1entity's assessment reports.
2    (c) Subject to the provisions of subsection (e), a material
3revision to a previously certified contract or a renewal shall
4be made with the approval of both the local school board and
5the governing body of the charter school.
6    (c-5) The proposed contract shall include a provision on
7how both parties will address minor violations of the contract.
8    (d) The proposed contract between the governing body of a
9proposed charter school and the local school board as described
10in Section 27A-7 must be submitted to and certified by the
11State Board before it can take effect. If the State Board
12recommends that the proposed contract be modified for
13consistency with this Article before it can be certified, the
14modifications must be consented to by both the governing body
15of the charter school and the local school board, and
16resubmitted to the State Board for its certification. If the
17proposed contract is resubmitted in a form that is not
18consistent with this Article, the State Board may refuse to
19certify the charter.
20    The State Board shall assign a number to each submission or
21resubmission in chronological order of receipt, and shall
22determine whether the proposed contract is consistent with the
23provisions of this Article. If the proposed contract complies,
24the State Board shall so certify.
25    (e) No renewal of a previously certified contract is
26effective unless and until the State Board certifies that the



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1renewal is consistent with the provisions of this Article. A
2material revision to a previously certified contract may go
3into effect immediately upon approval of both the local school
4board and the governing body of the charter school, unless
5either party requests in writing that the State Board certify
6that the material revision is consistent with the provisions of
7this Article. If such a request is made, the proposed material
8revision is not effective unless and until the State Board so
9certifies. No material revision to a previously certified
10contract or a renewal shall be effective unless and until the
11State Board certifies that the revision or renewal is
12consistent with the provisions of this Article.
13(Source: P.A. 93-3, eff. 4-16-03.)
14    (105 ILCS 5/27A-7)
15    Sec. 27A-7. Charter submission.
16    (a) A proposal to establish a charter school shall be
17submitted to the State Board and the local school board in the
18form of a proposed contract entered into between the local
19school board and the governing body of a proposed charter
20school. The charter school proposal as submitted to the State
21Board shall include:
22        (1) The name of the proposed charter school, which must
23    include the words "Charter School".
24        (2) The age or grade range, areas of focus, minimum and
25    maximum numbers of pupils to be enrolled in the charter



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1    school, and any other admission criteria that would be
2    legal if used by a school district.
3        (3) A description of and address for the physical plant
4    in which the charter school will be located; provided that
5    nothing in the Article shall be deemed to justify delaying
6    or withholding favorable action on or approval of a charter
7    school proposal because the building or buildings in which
8    the charter school is to be located have not been acquired
9    or rented at the time a charter school proposal is
10    submitted or approved or a charter school contract is
11    entered into or submitted for certification or certified,
12    so long as the proposal or submission identifies and names
13    at least 2 sites that are potentially available as a
14    charter school facility by the time the charter school is
15    to open.
16        (4) The mission statement of the charter school, which
17    must be consistent with the General Assembly's declared
18    purposes; provided that nothing in this Article shall be
19    construed to require that, in order to receive favorable
20    consideration and approval, a charter school proposal
21    demonstrate unequivocally that the charter school will be
22    able to meet each of those declared purposes, it being the
23    intention of the Charter Schools Law that those purposes be
24    recognized as goals that charter schools must aspire to
25    attain.
26        (5) The goals, objectives, and pupil performance



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1    standards to be achieved by the charter school.
2        (6) In the case of a proposal to establish a charter
3    school by converting an existing public school or
4    attendance center to charter school status, evidence that
5    the proposed formation of the charter school has received
6    the approval of certified teachers, parents and guardians,
7    and, if applicable, a local school council as provided in
8    subsection (b) of Section 27A-8.
9        (7) A description of the charter school's educational
10    program, pupil performance standards, curriculum, school
11    year, school days, and hours of operation.
12        (8) A description of the charter school's plan for
13    evaluating pupil performance, the types of assessments
14    that will be used to measure pupil progress towards
15    achievement of the school's pupil performance standards,
16    the timeline for achievement of those standards, and the
17    procedures for taking corrective action in the event that
18    pupil performance at the charter school falls below those
19    standards.
20        (9) Evidence that the terms of the charter as proposed
21    are economically sound for both the charter school and the
22    school district, a proposed budget for the term of the
23    charter, a description of the manner in which an annual
24    audit of the financial and administrative operations of the
25    charter school, including any services provided by the
26    school district, are to be conducted, and a plan for the



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1    displacement of pupils, teachers, and other employees who
2    will not attend or be employed in the charter school.
3        (10) A description of the governance and operation of
4    the charter school, including the nature and extent of
5    parental, professional educator, and community involvement
6    in the governance and operation of the charter school.
7        (11) An explanation of the relationship that will exist
8    between the charter school and its employees, including
9    evidence that the terms and conditions of employment have
10    been addressed with affected employees and their
11    recognized representative, if any. However, a bargaining
12    unit of charter school employees shall be separate and
13    distinct from any bargaining units formed from employees of
14    a school district in which the charter school is located.
15        (12) An agreement between the parties regarding their
16    respective legal liability and applicable insurance
17    coverage.
18        (13) A description of how the charter school plans to
19    meet the transportation needs of its pupils, and a plan for
20    addressing the transportation needs of low-income and
21    at-risk pupils.
22        (14) The proposed effective date and term of the
23    charter; provided that the first day of the first academic
24    year and the first day of the fiscal year shall be no
25    earlier than August 15 and no later than September 15 of a
26    calendar year, and the first day of the fiscal year shall



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1    be July 1.
2        (15) Any other information reasonably required by the
3    State Board of Education.
4    (b) A proposal to establish a charter school may be
5initiated by individuals or organizations that will have
6majority representation on the board of directors or other
7governing body of the corporation or other discrete legal
8entity that is to be established to operate the proposed
9charter school, by a board of education or an intergovernmental
10agreement between or among boards of education, or by the board
11of directors or other governing body of a discrete legal entity
12already existing or established to operate the proposed charter
13school. The individuals or organizations referred to in this
14subsection may be school teachers, school administrators,
15local school councils, colleges or universities or their
16faculty members, public community colleges or their
17instructors or other representatives, corporations, or other
18entities or their representatives. The proposal shall be
19submitted to the local school board for consideration and, if
20appropriate, for development of a proposed contract to be
21submitted to the State Board for certification under Section
23    (c) The local school board may not without the consent of
24the governing body of the charter school condition its approval
25of a charter school proposal on acceptance of an agreement to
26operate under State laws and regulations and local school board



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1policies from which the charter school is otherwise exempted
2under this Article.
3(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
4    Section 99. Effective date. This Act takes effect July 1,