Full Text of HB2810 99th General Assembly
HB2810 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB2810 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
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Amends the Charter Schools Law of the School Code. Makes changes concerning charter schools authorized by the Commission. Removes a provision requiring the State Board to notify a school district of the amount of funding to be paid by the State Board to the charter school enrolling students who are residents of the district. Requires the State Board (instead of the Commission) to require a charter school to maintain accurate records of daily attendance that shall be deemed sufficient to file State aid claims. Removes a provision that requires the State Board to withhold from funds otherwise due a district the funds to be paid to the charter school and to pay such amounts to the charter school. Requires the Commission to quarterly certify to the State Board the student enrollment and student residency information (not just the student enrollment) for each of its charter schools. Requires enrollment and residency verification to be reported in a format prescribed by the State Board. Provides that, upon receipt of the certified quarterly enrollment report, the State Board shall pay directly to the charter school the per pupil funds authorized under certain provisions of the Law. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 the Commission, 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 | 17 | | initial approved charter proposal; and
| 18 | | (2) A financial statement that discloses the costs of | 19 | | administration,
instruction, and other spending categories | 20 | | for the charter school that is
understandable to the | 21 | | general public and that will allow comparison of those
| 22 | | costs to other schools or other comparable organizations, | 23 | | in a format required
by the State Board.
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| 1 | | (c) A charter may be revoked
or not renewed if the local | 2 | | school board or the Commission, as the chartering
entity,
| 3 | | clearly demonstrates that the
charter school did any of the
| 4 | | following, or otherwise failed to comply with the requirements | 5 | | of this law:
| 6 | | (1) Committed a material violation of any of the | 7 | | conditions, standards, or
procedures set forth in the | 8 | | charter.
| 9 | | (2) Failed to meet or make reasonable progress toward | 10 | | achievement of the
content standards or pupil performance | 11 | | standards identified in the charter.
| 12 | | (3) Failed to meet generally accepted standards of | 13 | | fiscal management.
| 14 | | (4) Violated any provision of law from which the | 15 | | charter school was not
exempted.
| 16 | | In the case of revocation, the local school board or the | 17 | | Commission, as the chartering entity, shall notify the charter | 18 | | school in writing of the reason why the charter is subject to | 19 | | revocation. The charter school shall submit a written plan to | 20 | | the local school board or the Commission, whichever is | 21 | | applicable, to rectify the problem. The plan shall include a | 22 | | timeline for implementation, which shall not exceed 2 years or | 23 | | the date of the charter's expiration, whichever is earlier. If | 24 | | the local school board or the Commission, as the chartering | 25 | | entity, finds that the charter school has failed to implement | 26 | | the plan of remediation and adhere to the timeline, then the |
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| 1 | | chartering entity shall revoke the charter. Except in | 2 | | situations of an emergency where the health, safety, or | 3 | | education of the charter school's students is at risk, the | 4 | | revocation shall take place at the end of a school year. | 5 | | Nothing in this amendatory Act of the 96th General Assembly | 6 | | shall be construed to prohibit an implementation timetable that | 7 | | is less than 2 years in duration. | 8 | | (d) (Blank).
| 9 | | (e) Notice of a local school board's decision to
deny, | 10 | | revoke or not to
renew a charter shall be provided to the | 11 | | Commission and the State Board.
The Commission may reverse a | 12 | | local board's
decision
if the Commission finds
that the charter | 13 | | school or charter school proposal (i) is in compliance with
| 14 | | this Article, and (ii) is in the best interests of the students | 15 | | it is designed
to serve.
The Commission may condition the | 16 | | granting of an appeal on the acceptance by
the charter school | 17 | | of funding in an amount less than that requested in the
| 18 | | proposal submitted to the local school board.
Final decisions | 19 | | of the Commission shall be subject
to judicial review under the | 20 | | Administrative Review Law.
| 21 | | (f) Notwithstanding other provisions of this Article, if | 22 | | the Commission
on appeal reverses a local board's decision
or | 23 | | if a charter school is
approved by referendum,
the Commission
| 24 | | shall act as the
authorized chartering entity for the charter | 25 | | school.
The Commission shall
approve the charter and shall | 26 | | perform all functions
under this
Article otherwise performed by |
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| 1 | | the local school
board. The State Board shall determine whether | 2 | | the charter proposal approved by the Commission is consistent | 3 | | with the provisions of this Article and, if the approved | 4 | | proposal complies, certify the proposal pursuant to this | 5 | | Article. The State Board shall
report the aggregate number of | 6 | | charter school pupils resident in a school
district to that | 7 | | district
and shall notify the district
of the amount of
funding | 8 | | to be paid by the State Board to the charter school enrolling | 9 | | such
students.
The Commission shall require the
charter school | 10 | | to maintain accurate records of daily attendance that shall be
| 11 | | deemed sufficient to file claims under Section 18-8.05 | 12 | | notwithstanding any
other requirements of that Section | 13 | | regarding hours of instruction and teacher
certification.
The | 14 | | State Board shall withhold from funds otherwise due the | 15 | | district
the funds authorized by this Article to be paid to the | 16 | | charter school and shall
pay such amounts to the charter | 17 | | school.
| 18 | | (g) For charter schools authorized by the Commission, the | 19 | | Commission shall quarterly certify to the State Board the | 20 | | student enrollment and student residency information for each | 21 | | of its charter schools. Enrollment and residency verification | 22 | | must be reported in a format prescribed by the State Board. | 23 | | Upon receipt of the certified quarterly enrollment report, the | 24 | | State Board shall pay directly to the charter school the per | 25 | | pupil funds authorized under subsection (e) of this Section and | 26 | | subsection (b) of Section 27A-11 of this Code. |
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| 1 | | (h) For charter schools authorized by the Commission, the | 2 | | State Board shall pay directly to a charter school any federal | 3 | | or State aid attributable to a student with a disability | 4 | | attending the school. | 5 | | (Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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