Full Text of HB3769 100th General Assembly
HB3769ham001 100TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/25/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3769
| 2 | | AMENDMENT NO. ______. Amend House Bill 3769 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 27A-3 and 27A-7.10 and by adding Section 27A-7.15 as follows:
| 6 | | (105 ILCS 5/27A-3)
| 7 | | Sec. 27A-3. Definitions. For purposes of this Article:
| 8 | | "At-risk pupil" means a pupil who, because of physical, | 9 | | emotional,
socioeconomic, or cultural factors, is less likely | 10 | | to succeed in a conventional
educational environment.
| 11 | | "Authorizer" means an entity authorized under this Article | 12 | | to review applications, decide whether to approve or reject | 13 | | applications, enter into charter contracts with applicants, | 14 | | oversee charter schools, and decide whether to renew, not | 15 | | renew, or revoke a charter. | 16 | | "Commission" means the State Charter School Commission |
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| 1 | | established under Section 27A-7.5 of this Code. | 2 | | "Local school board" means the duly elected or appointed | 3 | | school board or
board of education of a public school district, | 4 | | including special charter
districts and school districts | 5 | | located in cities having a population of more
than 500,000, | 6 | | organized under the laws of this State.
| 7 | | "State Board" means the State Board of Education.
| 8 | | "University authorizer" means an institution that grants | 9 | | 4-year degrees that is approved by the State Board for | 10 | | chartering authority, as established under Section 27A-7.15 of | 11 | | this Code. Such institutions must be either: | 12 | | (1) a public institution of higher education, as | 13 | | defined in Section 1 of the Board of Higher Education Act; | 14 | | or | 15 | | (2) a university or college that is deemed a | 16 | | post-secondary educational institution, as defined in | 17 | | Section 1 of the Private College Act. | 18 | | (Source: P.A. 97-152, eff. 7-20-11.)
| 19 | | (105 ILCS 5/27A-7.10) | 20 | | Sec. 27A-7.10. Authorizer powers and duties; immunity; | 21 | | principles and standards. | 22 | | (a) Authorizers are responsible for executing, in | 23 | | accordance with this Article, all of the following powers and | 24 | | duties: | 25 | | (1) Soliciting and evaluating charter applications. |
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| 1 | | (2) Approving quality charter applications that meet | 2 | | identified educational needs and promote a diversity of | 3 | | educational choices. | 4 | | (3) Declining to approve weak or inadequate charter | 5 | | applications. | 6 | | (4) Negotiating and executing sound charter contracts | 7 | | with each approved charter school. | 8 | | (5) Monitoring, in accordance with charter contract | 9 | | terms, the performance and legal compliance of charter | 10 | | schools. | 11 | | (6) Determining whether each charter contract merits | 12 | | renewal, nonrenewal, or revocation. | 13 | | (b) An authorizing entity may delegate its duties to | 14 | | officers, employees, and contractors. | 15 | | (c) Regulation by authorizers is limited to the powers and | 16 | | duties set forth in subsection (a) of this Section and must be | 17 | | consistent with the spirit and intent of this Article. | 18 | | (d) An authorizing entity, members of the local school | 19 | | board, or the Commission, in their official capacity, and | 20 | | employees of an authorizer are immune from civil and criminal | 21 | | liability with respect to all activities related to a charter | 22 | | school that they authorize, except for willful or wanton | 23 | | misconduct. | 24 | | (e) The Commission , and all local school boards , and | 25 | | university authorizers that have a charter school operating are | 26 | | required to develop and maintain chartering policies and |
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| 1 | | practices consistent with recognized principles and standards | 2 | | for quality charter authorizing in all major areas of | 3 | | authorizing responsibility, including all of the following: | 4 | | (1) Organizational capacity and infrastructure. | 5 | | (2) Soliciting and evaluating charter applications. | 6 | | (3) Performance contracting. | 7 | | (4) Ongoing charter school oversight and evaluation. | 8 | | (5) Charter renewal decision-making. | 9 | | Authorizers shall carry out all their duties under this | 10 | | Article in a manner consistent with nationally recognized | 11 | | principles and standards and with the spirit and intent of this | 12 | | Article.
| 13 | | (Source: P.A. 97-152, eff. 7-20-11.) | 14 | | (105 ILCS 5/27A-7.15 new) | 15 | | Sec. 27A-7.15. University authorizers; application to | 16 | | State Board; applications to university authorizers. | 17 | | (a) In any city having a population exceeding 500,000 | 18 | | inhabitants, a public institution of higher education, as | 19 | | defined by Section 1 of the Board of Higher Education Act, or a | 20 | | post-secondary educational institution, as defined in Section | 21 | | 1 of the Private College Act, that grants 4-year degrees may | 22 | | apply to the State Board to authorize high-quality charter | 23 | | schools that prioritize re-enrolled high school dropouts, | 24 | | at-risk students, or students at risk of dropping out. | 25 | | (b) An eligible university under this Section shall apply |
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| 1 | | to the State Board for approval as an authorizer before the | 2 | | university can authorize a charter school. An applicant must | 3 | | include in its application to the State Board at least the | 4 | | following: | 5 | | (1) how chartering schools is a way for the applicant | 6 | | to carry out its mission; | 7 | | (2) a description of the capacity of the applicant to | 8 | | serve as an authorizer, including the personnel who will | 9 | | perform the authorizing duties, their qualifications, the | 10 | | amount of time they will be assigned to this | 11 | | responsibility, and the financial resources allocated by | 12 | | the applicant to this responsibility; | 13 | | (3) a description of the application and review process | 14 | | the applicant will use to make decisions regarding the | 15 | | granting of charters; | 16 | | (4) the process to be used for providing ongoing | 17 | | oversight of the charter school consistent with the | 18 | | contract expectations that assures that the schools | 19 | | chartered comply with both the provisions of applicable law | 20 | | and the contract; | 21 | | (5) the process for making decisions regarding the | 22 | | renewal or termination of the school's charter based on | 23 | | evidence that demonstrates the academic, organizational, | 24 | | and financial competency of the charter school, including | 25 | | its success in increasing student achievement and meeting | 26 | | the goals of the charter school agreement; and |
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| 1 | | (6) an assurance specifying that the applicant is | 2 | | committed to serving as an authorizer, including a written | 3 | | statement from the applicant's chancellor, president, or | 4 | | other official in a similar role supporting the application | 5 | | for authorization. | 6 | | The State Board shall approve a university authorizer | 7 | | application if the applicant demonstrates its ability to | 8 | | implement the procedures and satisfy the criteria for | 9 | | authorizer responsibilities as set forth in subsection (a) of | 10 | | Section 27A-7.10. | 11 | | (c) The State Board shall approve or deny a university | 12 | | authorizer application within 45 days of receipt of an | 13 | | application. The State Board shall notify a denied applicant in | 14 | | writing of the specific deficiencies. If denied, the applicant | 15 | | may submit a revised application within 30 business days. After | 16 | | receipt of the revised application, the State Board has 30 | 17 | | business days to make a final decision to approve or deny the | 18 | | application. A denied applicant under this Section may resubmit | 19 | | an application in a future application period. | 20 | | (d) The State Board shall annually review a university | 21 | | authorizer's performance and, after completing the review, | 22 | | shall transmit a report with findings to the university | 23 | | authorizer. The State Board may at any time take corrective | 24 | | action against a university authorizer, including terminating | 25 | | a university authorizer's ability to charter a school for: | 26 | | (1) failing to demonstrate the criteria under |
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| 1 | | subsection (b) of this Section under which the State Board | 2 | | approved the university authorizer; | 3 | | (2) unsatisfactory performance as an approved | 4 | | university authorizer; or | 5 | | (3) any good cause shown that provides the State Board | 6 | | a legally sufficient reason to take corrective action | 7 | | against an authorizer. | 8 | | The State Board shall adopt rules to ensure that a | 9 | | university authorizer is afforded due process protections | 10 | | during a corrective action process. These rules shall include | 11 | | providing a university authorizer with written notice of the | 12 | | State Board's decision, an opportunity for the university | 13 | | authorizer to be heard, and a timeline for final disposition of | 14 | | the State Board's decision. | 15 | | (e) In the event that a university authorizer loses its | 16 | | authorizing authority, either voluntarily or through State | 17 | | Board termination, the State Board shall assist any charter | 18 | | school authorized by the university authorizer with securing a | 19 | | new authorizer. Charter schools under a closing university | 20 | | authorizer may transfer to a local school board with the | 21 | | approval of that local school board. If the local school board | 22 | | does not approve a transfer of a charter school as allowed | 23 | | under this subsection (e), the charter school shall be | 24 | | transferred to the Commission. The State Board shall approve | 25 | | the transfer of a charter school authorized by a university | 26 | | authorizer to a local school board or the Commission under this |
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| 1 | | subsection (e). | 2 | | (f) A university authorizer may approve proposals from new | 3 | | charter school applicants and existing charter schools that are | 4 | | in the final year of their contract with their local school | 5 | | board or boards, and authorize the transfer of an existing | 6 | | charter school that is currently operating under a contract | 7 | | with a local school board or boards. | 8 | | (1) A charter school currently authorized by a local | 9 | | school board or boards may seek transfer of authorization | 10 | | to a university authorizer during its current term only | 11 | | with the approval of the local school board or boards. | 12 | | (2) A charter school authorized by a local school board | 13 | | may apply to not more than one university authorizer during | 14 | | its final year of its contract in lieu of applying for a | 15 | | renewal with its current local school board authorizer. A | 16 | | charter school originally authorized by a local school | 17 | | board shall not simultaneously apply to both a university | 18 | | authorizer for a new charter contract and its local school | 19 | | board for a renewed contract. If a university authorizer | 20 | | approves an application from an existing charter school, | 21 | | the charter school and its local school board or boards | 22 | | shall terminate their charter contract on June 30 of that | 23 | | calendar year and shall engage in the closure processes set | 24 | | forth in subsection (a) of Section 27A-10.10, unless the | 25 | | charter school and local school board or boards mutually | 26 | | agree to other terms. If a charter school originally |
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| 1 | | authorized by a local school board or boards is denied | 2 | | approval from a university authorizer, the charter school | 3 | | may appeal its local school board's or boards' decision not | 4 | | to renew to the Commission. The Commission shall abide by | 5 | | the requirements set forth in Section 27A-9 regarding | 6 | | appeals of local school board's decisions not to renew a | 7 | | charter. | 8 | | (g) A charter school deemed a replicating charter before | 9 | | the effective date of this amendatory Act of the 100th General | 10 | | Assembly that is approved by a university authorizer shall | 11 | | maintain replication status. | 12 | | (h) In evaluating any charter school proposal submitted to | 13 | | it, a university authorizer shall give preference to proposals | 14 | | that: | 15 | | (1) demonstrate a high level of local pupil, parental, | 16 | | community, business, and school personnel support; | 17 | | (2) set rigorous levels of expected pupil achievement | 18 | | and demonstrate feasible plans for attaining those levels | 19 | | of achievement; and | 20 | | (3) are designed to enroll and serve a substantial | 21 | | proportion of re-enrolled high school dropouts, students | 22 | | at risk of dropping out, or at-risk students. | 23 | | (i) A charter school approved by a university authorizer | 24 | | shall be its own local education agency. | 25 | | (j) A university authorizer shall grant charters in | 26 | | accordance with the charter terms set forth in subsection (a) |
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| 1 | | of Section 27A-9. A university authorizer shall evaluate | 2 | | decisions to renew, not to renew, or a revoke a charter in | 3 | | accordance with the requirements set forth in subsections (b) | 4 | | and (c) of Section 27A-9. A charter school authorized by | 5 | | university authorizers may appeal a decision to revoke or not | 6 | | to renew its charter to the Commission, as set forth by the | 7 | | procedures in Section 27A-9. | 8 | | (k) A university authorizer may charge a charter school | 9 | | that it authorizes a fee, not to exceed 3% of the revenue | 10 | | provided to the school, to cover the cost of undertaking the | 11 | | ongoing administrative responsibilities of the eligible | 12 | | chartering authority with respect to the school. The revenues | 13 | | from those fees shall be used for the following purposes: | 14 | | personal services, contractual services, and other operational | 15 | | and administrative costs related to the authorization and | 16 | | oversight of the university authorizer's charter schools. | 17 | | (l) In no event shall the funding for university-authorized | 18 | | charter schools be less than 75% or more than 125% of the host | 19 | | school district's per capita student tuition multiplied by the | 20 | | number of students residing in the host school district who are | 21 | | enrolled in the university-authorized charter school. The | 22 | | university authorizer shall report the aggregate number of | 23 | | charter school pupils resident in a school district to the | 24 | | State Board. The State Board shall report the enrollment | 25 | | numbers to that district and shall notify the district of the | 26 | | amount of funding to be paid to the university-authorized |
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| 1 | | charter school enrolling such students. The State Board shall | 2 | | withhold from funds otherwise due the district the funds | 3 | | authorized by this Article to be paid to the | 4 | | university-authorized charter school and shall pay those | 5 | | amounts to the university-authorized charter school. | 6 | | (m) The State Board shall pay directly to a | 7 | | university-authorized charter school any federal or State aid | 8 | | attributable to a student with a disability attending the | 9 | | school. The proportionate share of moneys generated under other | 10 | | federal or State categorical aid programs shall be directed to | 11 | | those charter schools serving students eligible for that aid.
| 12 | | (n) Enrollment in a university-authorized charter school shall | 13 | | be open to any student who resides within 50 miles of the | 14 | | university-authorized charter school. ".
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