Full Text of HB3957 98th General Assembly
HB3957ham001 98TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 3/27/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3957
| 2 | | AMENDMENT NO. ______. Amend House Bill 3957 by replacing | 3 | | everything after the enacting clause with the following:
| 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:
| 11 | | (105 ILCS 5/27A-3)
| 12 | | Sec. 27A-3. Definitions. For purposes of this Article:
| 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.
| 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.
| 8 | | "State Board" means the State Board of Education.
| 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)
| 2 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 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
| 7 | | authorized under the laws of the State of Illinois.
| 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
| 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.
| 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
| 19 | | shall be subject to the Freedom of Information Act and the Open | 20 | | Meetings Act.
| 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.
| 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.
| 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.
| 22 | | (g) A charter school shall comply with all provisions of | 23 | | this Article, the Illinois Educational Labor Relations Act, and
| 24 | | its charter. A charter
school is exempt from all other State | 25 | | laws and regulations in the School Code
governing public
| 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;
| 6 | | (2) Sections 24-24 and 34-84A of the School Code | 7 | | regarding discipline of
students;
| 8 | | (3) The Local Governmental and Governmental Employees | 9 | | Tort Immunity Act;
| 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;
| 13 | | (5) The Abused and Neglected Child Reporting Act;
| 14 | | (6) The Illinois School Student Records Act;
| 15 | | (7) Section 10-17a of the School Code regarding school | 16 | | report cards; and
| 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.
| 4 | | However, a charter school
that is established on
or
after the | 5 | | effective date of this amendatory Act of the 93rd General
| 6 | | Assembly and that operates
in a city having a population | 7 | | exceeding
500,000 may not contract with a for-profit entity to
| 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
| 19 | | shall be provided by the public entity at cost.
| 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
| 12 | | to negotiation between
the charter school and the local school | 13 | | board and shall be set forth in the
charter.
| 14 | | (j) A charter school may limit student enrollment by age or | 15 | | grade level.
| 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.)
| 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.
| 22 | | (105 ILCS 5/27A-6)
| 23 | | Sec. 27A-6. Contract contents; applicability of laws and | 24 | | regulations.
| 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.
| 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
| 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.
| 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.
| 24 | | (c-5) The proposed contract shall include a provision on | 25 | | how both parties
will address minor violations of the contract.
| 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
| 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.
| 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.
| 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.
| 21 | | (Source: P.A. 93-3, eff. 4-16-03.)
| 22 | | (105 ILCS 5/27A-7)
| 23 | | Sec. 27A-7. Charter submission.
| 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:
| 5 | | (1) The name of the proposed charter school, which must | 6 | | include the words
"Charter School".
| 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.
| 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
| 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.
| 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
| 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
| 6 | | recognized as goals that
charter schools must aspire to | 7 | | attain.
| 8 | | (5) The goals, objectives, and pupil performance | 9 | | standards to be achieved
by the charter school.
| 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
| 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.
| 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.
| 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
| 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.
| 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.
| 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
| 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.
| 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
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.".
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