Illinois General Assembly - Full Text of HB4913
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Full Text of HB4913  95th General Assembly

HB4913ham001 95TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 3/12/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4913

2     AMENDMENT NO. ______. Amend House Bill 4913 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 27A-9 as follows:
 
6     (105 ILCS 5/27A-9)
7     Sec. 27A-9. Term of charter; renewal.
8     (a) A charter may be granted for a period not less than 5
9 and not more than 10 school years. A charter may be renewed in
10 incremental periods not to exceed 5 school years.
11     (b) A charter school renewal proposal submitted to the
12 local school board or State Board, as the chartering entity,
13 shall contain:
14         (1) A report on the progress of the charter school in
15     achieving the goals, objectives, pupil performance
16     standards, content standards, and other terms of the

 

 

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1     initial approved charter proposal; and
2         (2) A financial statement that discloses the costs of
3     administration, instruction, and other spending categories
4     for the charter school that is understandable to the
5     general public and that will allow comparison of those
6     costs to other schools or other comparable organizations,
7     in a format required by the State Board.
8     (c) A charter may be revoked or not renewed if the local
9 school board or State Board, as the chartering entity, clearly
10 demonstrates that the charter school did any of the following,
11 or otherwise failed to comply with the requirements of this
12 law:
13         (1) Committed a material violation of any of the
14     conditions, standards, or procedures set forth in the
15     charter, in which case the State Board shall notify the
16     charter school of the reason why the charter is subject to
17     revocation or nonrenewal, and the charter school shall
18     submit a written plan to the State Board to rectify the
19     problem and implement the plan within 60 days after
20     notification.
21         (2) Failed to meet or make reasonable progress toward
22     achievement of the content standards or pupil performance
23     standards identified in the charter, in which case the
24     charter school must be held to the terms as written in the
25     charter.
26         (3) Failed to meet generally accepted standards of

 

 

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1     fiscal management, in which case the State Board shall
2     notify the charter school of the reason why the charter is
3     subject to revocation or nonrenewal, and the charter school
4     shall submit a written plan to the State Board to rectify
5     the problem and implement the plan within 60 days after
6     notification.
7         (4) Violated any provision of law from which the
8     charter school was not exempted, in which case the State
9     Board shall notify the charter school of the reason why the
10     charter is subject to revocation or nonrenewal, and the
11     charter school shall submit a written plan to the State
12     Board to rectify the problem and implement the plan within
13     60 days after notification.
14 If the State Board finds that the charter school has not
15 rectified the problem, then the charter must be revoked or not
16 renewed.
17     Notwithstanding any other rulemaking authority that may
18 exist, neither the Governor nor any agency or agency head under
19 the jurisdiction of the Governor has any authority to make or
20 promulgate rules to implement or enforce the provisions of this
21 amendatory Act of the 95th General Assembly. If, however, the
22 Governor believes that rules are necessary to implement or
23 enforce the provisions of this amendatory Act of the 95th
24 General Assembly, the Governor may suggest rules to the General
25 Assembly by filing them with the Clerk of the House and the
26 Secretary of the Senate and by requesting that the General

 

 

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1 Assembly authorize such rulemaking by law, enact those
2 suggested rules into law, or take any other appropriate action
3 in the General Assembly's discretion. Nothing contained in this
4 amendatory Act of the 95th General Assembly shall be
5 interpreted to grant rulemaking authority under any other
6 Illinois statute where such authority is not otherwise
7 explicitly given. For the purposes of this amendatory Act of
8 the 95th General Assembly, "rules" is given the meaning
9 contained in Section 1-70 of the Illinois Administrative
10 Procedure Act, and "agency" and "agency head" are given the
11 meanings contained in Sections 1-20 and 1-25 of the Illinois
12 Administrative Procedure Act to the extent that such
13 definitions apply to agencies or agency heads under the
14 jurisdiction of the Governor.
15     (d) (Blank).
16     (e) Notice of a local school board's decision to deny,
17 revoke or not to renew a charter shall be provided to the State
18 Board. The State Board may reverse a local board's decision if
19 the State Board finds that the charter school or charter school
20 proposal (i) is in compliance with this Article, and (ii) is in
21 the best interests of the students it is designed to serve. The
22 State Board may condition the granting of an appeal on the
23 acceptance by the charter school of funding in an amount less
24 than that requested in the proposal submitted to the local
25 school board. Final decisions of the State Board shall be
26 subject to judicial review under the Administrative Review Law.

 

 

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1     (f) Notwithstanding other provisions of this Article, if
2 the State Board on appeal reverses a local board's decision or
3 if a charter school is approved by referendum, the State Board
4 shall act as the authorized chartering entity for the charter
5 school. The State Board shall approve and certify the charter
6 and shall perform all functions under this Article otherwise
7 performed by the local school board. The State Board shall
8 report the aggregate number of charter school pupils resident
9 in a school district to that district and shall notify the
10 district of the amount of funding to be paid by the State Board
11 to the charter school enrolling such students. The State Board
12 shall require the charter school to maintain accurate records
13 of daily attendance that shall be deemed sufficient to file
14 claims under Section 18-8.05 notwithstanding any other
15 requirements of that Section regarding hours of instruction and
16 teacher certification. The State Board shall withhold from
17 funds otherwise due the district the funds authorized by this
18 Article to be paid to the charter school and shall pay such
19 amounts to the charter school.
20 (Source: P.A. 91-96, eff. 7-9-99; 91-407, eff. 8-3-99; 92-16,
21 eff. 6-28-01.)
 
22     Section 90. The State Mandates Act is amended by adding
23 Section 8.32 as follows:
 
24     (30 ILCS 805/8.32 new)

 

 

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1     Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
2 of this Act, no reimbursement by the State is required for the
3 implementation of any mandate created by this amendatory Act of
4 the 95th General Assembly.".