Full Text of SB1226 101st General Assembly
SB1226ham001 101ST GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 5/6/2019
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| 1 | | AMENDMENT TO SENATE BILL 1226
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1226 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by changing | 5 | | Section 5.796 as follows:
| 6 | | (30 ILCS 105/5.796)
| 7 | | Sec. 5.796. The State Charter School Commission Fund. This | 8 | | Section is repealed on October 1, 2020. | 9 | | (Source: P.A. 97-152, eff. 7-20-11; 97-813, eff. 7-13-12.)
| 10 | | Section 10. The School Code is amended by changing Sections | 11 | | 27A-5, 27A-6.5, 27A-7.5, 27A-7.10, 27A-8, 27A-9, and 27A-11.5 | 12 | | as follows:
| 13 | | (105 ILCS 5/27A-5)
| 14 | | Sec. 27A-5. Charter school; legal entity; requirements.
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| 1 | | (a) A charter school shall be a public, nonsectarian, | 2 | | nonreligious, non-home
based, and non-profit school. A charter | 3 | | school shall be organized and operated
as a nonprofit | 4 | | corporation or other discrete, legal, nonprofit entity
| 5 | | authorized under the laws of the State of Illinois.
| 6 | | (b) A charter school may be established under this Article | 7 | | by creating a new
school or by converting an existing public | 8 | | school or attendance center to
charter
school status.
Beginning | 9 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 10 | | all new
applications to establish
a charter
school in a city | 11 | | having a population exceeding 500,000, operation of the
charter
| 12 | | school shall be limited to one campus. The changes made to this | 13 | | Section by Public Act 93-3 do not apply to charter schools | 14 | | existing or approved on or before April 16, 2003 (the
effective | 15 | | date of Public Act 93-3). | 16 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 17 | | a cyber school where students engage in online curriculum and | 18 | | instruction via the Internet and electronic communication with | 19 | | their teachers at remote locations and with students | 20 | | participating at different times. | 21 | | From April 1, 2013 through December 31, 2016, there is a | 22 | | moratorium on the establishment of charter schools with | 23 | | virtual-schooling components in school districts other than a | 24 | | school district organized under Article 34 of this Code. This | 25 | | moratorium does not apply to a charter school with | 26 | | virtual-schooling components existing or approved prior to |
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| 1 | | April 1, 2013 or to the renewal of the charter of a charter | 2 | | school with virtual-schooling components already approved | 3 | | prior to April 1, 2013. | 4 | | On or before March 1, 2014, the Commission shall submit to | 5 | | the General Assembly a report on the effect of | 6 | | virtual-schooling, including without limitation the effect on | 7 | | student performance, the costs associated with | 8 | | virtual-schooling, and issues with oversight. The report shall | 9 | | include policy recommendations for virtual-schooling.
| 10 | | (c) A charter school shall be administered and governed by | 11 | | its board of
directors or other governing body
in the manner | 12 | | provided in its charter. The governing body of a charter school
| 13 | | shall be subject to the Freedom of Information Act and the Open | 14 | | Meetings Act.
| 15 | | (d) For purposes of this subsection (d), "non-curricular | 16 | | health and safety requirement" means any health and safety | 17 | | requirement created by statute or rule to provide, maintain, | 18 | | preserve, or safeguard safe or healthful conditions for | 19 | | students and school personnel or to eliminate, reduce, or | 20 | | prevent threats to the health and safety of students and school | 21 | | personnel. "Non-curricular health and safety requirement" does | 22 | | not include any course of study or specialized instructional | 23 | | requirement for which the State Board has established goals and | 24 | | learning standards or which is designed primarily to impart | 25 | | knowledge and skills for students to master and apply as an | 26 | | outcome of their education. |
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| 1 | | A charter school shall comply with all non-curricular | 2 | | health and safety
requirements applicable to public schools | 3 | | under the laws of the State of
Illinois. On or before September | 4 | | 1, 2015, the State Board shall promulgate and post on its | 5 | | Internet website a list of non-curricular health and safety | 6 | | requirements that a charter school must meet. The list shall be | 7 | | updated annually no later than September 1. Any charter | 8 | | contract between a charter school and its authorizer must | 9 | | contain a provision that requires the charter school to follow | 10 | | the list of all non-curricular health and safety requirements | 11 | | promulgated by the State Board and any non-curricular health | 12 | | and safety requirements added by the State Board to such list | 13 | | during the term of the charter. Nothing in this subsection (d) | 14 | | precludes an authorizer from including non-curricular health | 15 | | and safety requirements in a charter school contract that are | 16 | | not contained in the list promulgated by the State Board, | 17 | | including non-curricular health and safety requirements of the | 18 | | authorizing local school board.
| 19 | | (e) Except as otherwise provided in the School Code, a | 20 | | charter school shall
not charge tuition; provided that a | 21 | | charter school may charge reasonable fees
for textbooks, | 22 | | instructional materials, and student activities.
| 23 | | (f) A charter school shall be responsible for the | 24 | | management and operation
of its fiscal affairs including,
but | 25 | | not limited to, the preparation of its budget. An audit of each | 26 | | charter
school's finances shall be conducted annually by an |
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| 1 | | outside, independent
contractor retained by the charter | 2 | | school. To ensure financial accountability for the use of | 3 | | public funds, on or before December 1 of every year of | 4 | | operation, each charter school shall submit to its authorizer | 5 | | and the State Board a copy of its audit and a copy of the Form | 6 | | 990 the charter school filed that year with the federal | 7 | | Internal Revenue Service. In addition, if deemed necessary for | 8 | | proper financial oversight of the charter school, an authorizer | 9 | | may require quarterly financial statements from each charter | 10 | | school.
| 11 | | (g) A charter school shall comply with all provisions of | 12 | | this Article, the Illinois Educational Labor Relations Act, all | 13 | | federal and State laws and rules applicable to public schools | 14 | | that pertain to special education and the instruction of | 15 | | English learners, and
its charter. A charter
school is exempt | 16 | | from all other State laws and regulations in this Code
| 17 | | governing public
schools and local school board policies; | 18 | | however, a charter school is not exempt from the following:
| 19 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 20 | | criminal
history records checks and checks of the Statewide | 21 | | Sex Offender Database and Statewide Murderer and Violent | 22 | | Offender Against Youth Database of applicants for | 23 | | employment;
| 24 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 25 | | 34-84a of this Code regarding discipline of
students;
| 26 | | (3) the Local Governmental and Governmental Employees |
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| 1 | | Tort Immunity Act;
| 2 | | (4) Section 108.75 of the General Not For Profit | 3 | | Corporation Act of 1986
regarding indemnification of | 4 | | officers, directors, employees, and agents;
| 5 | | (5) the Abused and Neglected Child Reporting Act;
| 6 | | (5.5) subsection (b) of Section 10-23.12 and | 7 | | subsection (b) of Section 34-18.6 of this Code; | 8 | | (6) the Illinois School Student Records Act;
| 9 | | (7) Section 10-17a of this Code regarding school report | 10 | | cards;
| 11 | | (8) the P-20 Longitudinal Education Data System Act; | 12 | | (9) Section 27-23.7 of this Code regarding bullying | 13 | | prevention; | 14 | | (10) Section 2-3.162 of this Code regarding student | 15 | | discipline reporting; | 16 | | (11) Sections 22-80 and 27-8.1 of this Code; | 17 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 18 | | (13) Sections 10-20.63 and 34-18.56 of this Code; and | 19 | | (14) Section 26-18 of this Code; and | 20 | | (15) Section 22-30 of this Code. | 21 | | The change made by Public Act 96-104 to this subsection (g) | 22 | | is declaratory of existing law. | 23 | | (h) A charter school may negotiate and contract with a | 24 | | school district, the
governing body of a State college or | 25 | | university or public community college, or
any other public or | 26 | | for-profit or nonprofit private entity for: (i) the use
of a |
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| 1 | | school building and grounds or any other real property or | 2 | | facilities that
the charter school desires to use or convert | 3 | | for use as a charter school site,
(ii) the operation and | 4 | | maintenance thereof, and
(iii) the provision of any service, | 5 | | activity, or undertaking that the charter
school is required to | 6 | | perform in order to carry out the terms of its charter.
| 7 | | However, a charter school
that is established on
or
after April | 8 | | 16, 2003 (the effective date of Public Act 93-3) and that | 9 | | operates
in a city having a population exceeding
500,000 may | 10 | | not contract with a for-profit entity to
manage or operate the | 11 | | school during the period that commences on April 16, 2003 (the
| 12 | | effective date of Public Act 93-3) and
concludes at the end of | 13 | | the 2004-2005 school year.
Except as provided in subsection (i) | 14 | | of this Section, a school district may
charge a charter school | 15 | | reasonable rent for the use of the district's
buildings, | 16 | | grounds, and facilities. Any services for which a charter | 17 | | school
contracts
with a school district shall be provided by | 18 | | the district at cost. Any services
for which a charter school | 19 | | contracts with a local school board or with the
governing body | 20 | | of a State college or university or public community college
| 21 | | shall be provided by the public entity at cost.
| 22 | | (i) In no event shall a charter school that is established | 23 | | by converting an
existing school or attendance center to | 24 | | charter school status be required to
pay rent for space
that is | 25 | | deemed available, as negotiated and provided in the charter | 26 | | agreement,
in school district
facilities. However, all other |
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| 1 | | costs for the operation and maintenance of
school district | 2 | | facilities that are used by the charter school shall be subject
| 3 | | to negotiation between
the charter school and the local school | 4 | | board and shall be set forth in the
charter.
| 5 | | (j) A charter school may limit student enrollment by age or | 6 | | grade level.
| 7 | | (k) If the charter school is approved by the State Board or | 8 | | Commission, then the Commission charter school is its own local | 9 | | education agency. | 10 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 11 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 12 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 13 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 14 | | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, | 15 | | eff. 8-14-18; revised 10-5-18.)
| 16 | | (105 ILCS 5/27A-6.5)
| 17 | | Sec. 27A-6.5. Charter school referendum.
| 18 | | (a) No charter shall go into effect under this Section that | 19 | | would convert any
existing private, parochial, or non-public | 20 | | school to a charter school or whose
proposal has not been
| 21 | | certified by the State Board.
| 22 | | (b) A local school board shall, whenever petitioned to do | 23 | | so by 5% or more
of
the
voters of a school district or | 24 | | districts identified in a charter school
proposal, order | 25 | | submitted to the voters thereof at a
regularly scheduled
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| 1 | | election the question of whether a new charter school shall be | 2 | | established,
which
proposal
has been found by the State Board | 3 | | Commission to be in compliance with the
provisions of this | 4 | | Article,
and the secretary shall certify the proposition to the | 5 | | proper election
authorities
for submission in accordance with | 6 | | the general election law. The proposition
shall be in
| 7 | | substantially the following form:
| 8 | | "FOR the establishment of (name of proposed charter | 9 | | school) under charter
school proposal (charter school | 10 | | proposal number).
| 11 | | AGAINST the establishment of (name of proposed charter | 12 | | school) under
charter
school proposal (charter school | 13 | | proposal number)".
| 14 | | (c) Before circulating a petition to submit the question of | 15 | | whether to
establish a charter school to the voters under | 16 | | subsection (b) of this Section,
the governing body of a
| 17 | | proposed charter
school
that desires to establish a
new charter
| 18 | | school by referendum shall submit the charter school proposal | 19 | | to
the State Board Commission
in the form of a proposed | 20 | | contract to be entered into
between the State Board Commission
| 21 | | and the governing body of the proposed charter school, together | 22 | | with written notice of the intent to have
a new charter school | 23 | | established by referendum.
The contract shall comply with the | 24 | | provisions of this Article.
| 25 | | If the State Board Commission finds that the proposed | 26 | | contract complies with the
provisions
of this Article, it
shall
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| 1 | | immediately
direct the
local school board to notify the proper
| 2 | | election authorities that the question of whether to establish | 3 | | a new charter
school
shall be submitted for referendum.
| 4 | | (d) If the State Board Commission finds that the proposal | 5 | | fails to comply with the
provisions of this Article, it shall | 6 | | provide
written explanation, detailing its reasons for | 7 | | refusal, to the local school
board and
to the individuals or | 8 | | organizations submitting the proposal. The State Board | 9 | | Commission shall also notify the local school board and the | 10 | | individuals or
organizations submitting the proposal that the | 11 | | proposal may be amended and
resubmitted under the same | 12 | | provisions required for an original submission.
| 13 | | (e) If a majority of the votes cast upon the proposition in | 14 | | each school
district designated in the charter school proposal | 15 | | is in favor of
establishing
a charter school, the local school | 16 | | board shall notify the State Board and the Commission of
the
| 17 | | passage of
the proposition in favor of establishing a charter | 18 | | school and the State Board Commission
shall approve the charter | 19 | | within 7 days
after
the State Board of Elections has certified | 20 | | that a
majority
of the votes cast upon the proposition is in | 21 | | favor of establishing a charter
school. The State Board | 22 | | Commission shall be the chartering entity for charter
schools | 23 | | established by referendum under this Section. | 24 | | (f) (Blank). The State Board shall determine whether the | 25 | | charter proposal approved by the Commission is consistent with | 26 | | the provisions of this Article and, if the approved proposal |
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| 1 | | complies, certify the proposal pursuant to this Article.
| 2 | | (Source: P.A. 98-739, eff. 7-16-14.)
| 3 | | (105 ILCS 5/27A-7.5) | 4 | | Sec. 27A-7.5. State Charter School Commission ; abolition | 5 | | and transfer to State Board . | 6 | | (a) A State Charter School Commission is established as an | 7 | | independent commission with statewide chartering jurisdiction | 8 | | and authority. The Commission shall be under the State Board | 9 | | for administrative purposes only. | 10 | | (a-5) The State Board shall provide administrative support | 11 | | to the Commission as needed. | 12 | | (b) The Commission is responsible for authorizing | 13 | | high-quality charter schools throughout this State, | 14 | | particularly schools designed to expand opportunities for | 15 | | at-risk students, consistent with the purposes of this Article. | 16 | | (c) The Commission shall consist of 9 members, appointed by | 17 | | the State Board. The State Board shall make these appointments | 18 | | from a slate of candidates proposed by the Governor, within 60 | 19 | | days after the effective date of this amendatory Act of the | 20 | | 97th General Assembly with respect to the initial Commission | 21 | | members. In making the appointments, the State Board shall | 22 | | ensure statewide geographic diversity among Commission | 23 | | members. The Governor shall propose a slate of candidates to | 24 | | the State Board within 60 days after the effective date of this | 25 | | amendatory Act of the 97th General Assembly and 60 days prior |
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| 1 | | to the expiration of the term of a member thereafter. If the | 2 | | Governor fails to timely propose a slate of candidates | 3 | | according to the provisions of this subsection (c), then the | 4 | | State Board may appoint the member or members of the | 5 | | Commission. | 6 | | (d) Members appointed to the Commission shall collectively | 7 | | possess strong experience and expertise in public and nonprofit | 8 | | governance, management and finance, public school leadership, | 9 | | higher education, assessments, curriculum and instruction, and | 10 | | public education law. All members of the Commission shall have | 11 | | demonstrated understanding of and a commitment to public | 12 | | education, including without limitation charter schooling. At | 13 | | least 3 members must have past experience with urban charter | 14 | | schools. | 15 | | (e) To establish staggered terms of office, the initial | 16 | | term of office for 3 Commission members shall be 4 years and | 17 | | thereafter shall be 4 years; the initial term of office for | 18 | | another 3 members shall be 3 years and thereafter shall be 4 | 19 | | years; and the initial term of office for the remaining 3 | 20 | | members shall be 2 years and thereafter shall be 4 years. The | 21 | | initial appointments must be made no later than October 1, | 22 | | 2011. | 23 | | (f) Whenever a vacancy on the Commission exists, the State | 24 | | Board shall appoint a member for the remaining portion of the | 25 | | term. | 26 | | (g) Subject to the State Officials and Employees Ethics |
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| 1 | | Act, the Commission is authorized to receive and expend gifts, | 2 | | grants, and donations of any kind from any public or private | 3 | | entity to carry out the purposes of this Article, subject to | 4 | | the terms and conditions under which they are given, provided | 5 | | that all such terms and conditions are permissible under law. | 6 | | Funds received under this subsection (g) must be deposited into | 7 | | the State Charter School Commission Fund. | 8 | | The State Charter School Commission Fund is created as a | 9 | | special fund in the State treasury. Until July 1, 2020, all All | 10 | | money in the Fund shall be used, subject to appropriation, by | 11 | | the State Board, acting on behalf and with the consent of the | 12 | | Commission, for operational and administrative costs of the | 13 | | Commission. Beginning on July 1, 2020 through August 31, 2020, | 14 | | all money in the Fund shall be used, subject to appropriation, | 15 | | by the State Board for operational and administrative costs. On | 16 | | September 1, 2020, or as soon thereafter as practicable, in | 17 | | consultation with the State Board, the State Comptroller shall | 18 | | order transferred and the State Treasurer shall transfer all | 19 | | money in the State Charter School Commission Fund to the State | 20 | | Board of Education Special Purpose Trust Fund. | 21 | | Subject to appropriation, any funds appropriated for use by | 22 | | the State Board, acting on behalf and with the consent of the | 23 | | Commission, may be used for the following purposes, without | 24 | | limitation: personal services, contractual services, and other | 25 | | operational and administrative costs. The State Board is | 26 | | further authorized to make expenditures with respect to any |
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| 1 | | other amounts deposited in accordance with law into the State | 2 | | Charter School Commission Fund. | 3 | | (g-5) Funds or spending authority for the operation and | 4 | | administrative costs of the Commission shall be appropriated to | 5 | | the State Board in a separate line item. The State | 6 | | Superintendent of Education may not reduce or modify the budget | 7 | | of the Commission or use funds appropriated to the Commission | 8 | | without the approval of the Commission. | 9 | | (h) The Commission shall operate with dedicated resources | 10 | | and staff qualified to execute the day-to-day responsibilities | 11 | | of charter school authorizing in accordance with this Article. | 12 | | The Commission may employ and fix the compensation of such | 13 | | employees and technical assistants as it deems necessary to | 14 | | carry out its powers and duties under this Article, without | 15 | | regard to the requirements of any civil service or personnel | 16 | | statute; and may establish and administer standards of | 17 | | classification of all such persons with respect to their | 18 | | compensation, duties, performance, and tenure and enter into | 19 | | contracts of employment with such persons for such periods and | 20 | | on such terms as the Commission deems desirable. | 21 | | (i) (Blank). Every 2 years, the Commission shall provide to | 22 | | the State Board and local school boards a report on best | 23 | | practices in charter school authorizing, including without | 24 | | limitation evaluating applications, oversight of charters, and | 25 | | renewal of charter schools. | 26 | | (j) Until July 1, 2020, the The Commission may charge a |
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| 1 | | charter school that it authorizes a fee, not to exceed 3% of | 2 | | the revenue provided to the school, to cover the cost of | 3 | | undertaking the ongoing administrative responsibilities of the | 4 | | eligible chartering authority with respect to the school. This | 5 | | fee must be deposited into the State Charter School Commission | 6 | | Fund. | 7 | | Beginning on July 1, 2020, the State Board of Education may | 8 | | charge a charter school that it authorizes a fee not to exceed | 9 | | 3% of the revenue provided to the school to be used exclusively | 10 | | for covering the cost of authorizing activities. Authorizing | 11 | | activities may include, but are not limited to: (i) soliciting, | 12 | | reviewing, and taking action on charter school proposals; (ii) | 13 | | hiring, training, and supervising staff engaged in authorizing | 14 | | activities; (iii) developing and conducting oversight, | 15 | | including regular monitoring, of authorized charter schools; | 16 | | (iv) reporting on best practices and performances of charter | 17 | | schools; (v) applying for, managing, and distributing grants | 18 | | and funds appropriated for charter schools and authorizing | 19 | | activities; (vi) training members of the State Board on their | 20 | | authorizing roles; and (vii) training other employees of the | 21 | | State Board on how to work with charter schools as their own | 22 | | local education agencies. | 23 | | (k) On July 1, 2020, the State Charter School Commission is | 24 | | abolished and the terms of all members end. On that date, all | 25 | | of the powers, duties, assets, liabilities, contracts, | 26 | | property, records, and pending business of the Commission are |
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| 1 | | transferred to the State Board. For purposes of the Successor | 2 | | Agency Act and Section 9b of the State Finance Act, the State | 3 | | Board is declared to be the successor agency of the Commission. | 4 | | Beginning on July 1, 2020, references in statutes, rules, | 5 | | forms, and other documents to the Commission shall, in | 6 | | appropriate contexts, be deemed to refer to the State Board. | 7 | | Standards and procedures of the Commission in effect on July 1, | 8 | | 2020 shall be deemed standards and procedures of the State | 9 | | Board and shall remain in effect until amended or repealed by | 10 | | the State Board. | 11 | | Beginning on the effective date of this amendatory Act of | 12 | | the 101st General Assembly, the Commission may not enter into | 13 | | or renew a contract, other than a charter renewal, that expires | 14 | | after July 1, 2020. | 15 | | On July 1, 2020, any (k) Any charter school authorized by | 16 | | the State Charter School Commission State Board prior to July | 17 | | 1, 2020 this amendatory Act of the 97th General Assembly shall | 18 | | have its authorization transferred to the Commission upon a | 19 | | vote of the State Board, which shall then become the school's | 20 | | authorizer for all purposes under this Article. On July 1, 2020 | 21 | | However, in no case shall such transfer take place later than | 22 | | July 1, 2012. At this time , all of the powers, duties, assets, | 23 | | liabilities, contracts, property, records, and pending | 24 | | business of the State Charter School Commission State Board as | 25 | | the school's authorizer must be transferred to the State Board | 26 | | Commission . Any charter school authorized by a local school |
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| 1 | | board or boards may seek transfer of authorization to the | 2 | | Commission during its current term only with the approval of | 3 | | the local school board or boards. At the end of its charter | 4 | | term, a charter school may authorized by a local school board | 5 | | or boards must reapply to the board or boards for authorization | 6 | | before it may apply for authorization to the Commission under | 7 | | the terms of this amendatory Act of the 97th General Assembly . | 8 | | On July 1, 2020 the effective date of this amendatory Act | 9 | | of the 97th General Assembly , all rules of the State Board | 10 | | applicable to matters falling within the responsibility of the | 11 | | State Charter School Commission shall be applicable to the | 12 | | actions of the State Board Commission . The Commission shall | 13 | | thereafter have the authority to propose to the State Board | 14 | | modifications to all rules applicable to matters falling within | 15 | | the responsibility of the Commission. The State Board shall | 16 | | retain rulemaking authority for the Commission, but shall work | 17 | | jointly with the Commission on any proposed modifications. Upon | 18 | | recommendation of proposed rule modifications by the | 19 | | Commission and pursuant to the Illinois Administrative | 20 | | Procedure Act, the State Board shall consider such changes | 21 | | within the intent of this amendatory Act of the 97th General | 22 | | Assembly and grant any and all changes consistent with that | 23 | | intent. | 24 | | (l) The Commission shall have the responsibility to | 25 | | consider appeals under this Article immediately upon | 26 | | appointment of the initial members of the Commission under |
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| 1 | | subsection (c) of this Section. Appeals pending at the time of | 2 | | initial appointment shall be determined by the Commission; the | 3 | | Commission may extend the time for review as necessary for | 4 | | thorough review, but in no case shall the extension exceed the | 5 | | time that would have been available had the appeal been | 6 | | submitted to the Commission on the date of appointment of its | 7 | | initial members. In any appeal filed with the Commission under | 8 | | this Article, both the applicant and the school district in | 9 | | which the charter school plans to locate shall have the right | 10 | | to request a hearing before the Commission. If more than one | 11 | | entity requests a hearing, then the Commission may hold only | 12 | | one hearing, wherein the applicant and the school district | 13 | | shall have an equal opportunity to present their respective | 14 | | positions.
| 15 | | (Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11; | 16 | | 97-1156, eff. 1-25-13.) | 17 | | (105 ILCS 5/27A-7.10) | 18 | | Sec. 27A-7.10. Authorizer powers and duties; immunity; | 19 | | principles and standards. | 20 | | (a) Authorizers are responsible for executing, in | 21 | | accordance with this Article, all of the following powers and | 22 | | duties: | 23 | | (1) Soliciting and evaluating charter applications. | 24 | | (2) Approving quality charter applications that meet | 25 | | identified educational needs and promote a diversity of |
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| 1 | | educational choices. | 2 | | (3) Declining to approve weak or inadequate charter | 3 | | applications. | 4 | | (4) Negotiating and executing sound charter contracts | 5 | | with each approved charter school. | 6 | | (5) Monitoring, in accordance with charter contract | 7 | | terms, the performance and legal compliance of charter | 8 | | schools. | 9 | | (6) Determining whether each charter contract merits | 10 | | renewal, nonrenewal, or revocation. | 11 | | (b) An authorizing entity may delegate its duties to | 12 | | officers, employees, and contractors. | 13 | | (c) Regulation by authorizers is limited to the powers and | 14 | | duties set forth in subsection (a) of this Section and must be | 15 | | consistent with the spirit and intent of this Article. | 16 | | (d) An authorizing entity, members of the local school | 17 | | board, or the State Board, and the Commission, in their | 18 | | official capacity, and employees of an authorizer are immune | 19 | | from civil and criminal liability with respect to all | 20 | | activities related to a charter school that they authorize, | 21 | | except for willful or wanton misconduct. | 22 | | (e) The State Board, the Commission , and all local school | 23 | | boards that have a charter school operating are required to | 24 | | develop and maintain chartering policies and practices | 25 | | consistent with recognized principles and standards for | 26 | | quality charter authorizing in all major areas of authorizing |
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| 1 | | responsibility, including all of the following: | 2 | | (1) Organizational capacity and infrastructure. | 3 | | (2) Soliciting and evaluating charter applications if | 4 | | applicable . | 5 | | (3) Performance contracting. | 6 | | (4) Ongoing charter school oversight and evaluation. | 7 | | (5) Charter renewal decision-making. | 8 | | Authorizers shall carry out all their duties under this | 9 | | Article in a manner consistent with nationally recognized | 10 | | principles and standards and with the spirit and intent of this | 11 | | Article.
| 12 | | (Source: P.A. 97-152, eff. 7-20-11.)
| 13 | | (105 ILCS 5/27A-8)
| 14 | | Sec. 27A-8. Evaluation of charter proposals.
| 15 | | (a) This Section does not apply to a charter school | 16 | | established by
referendum under
Section 27A-6.5.
In evaluating | 17 | | any charter
school proposal submitted to it, the local school | 18 | | board and the Commission shall give preference
to proposals | 19 | | that:
| 20 | | (1) demonstrate a high level of local pupil, parental, | 21 | | community,
business, and school personnel support;
| 22 | | (2) set rigorous levels of expected pupil achievement | 23 | | and demonstrate
feasible plans for attaining those levels | 24 | | of achievement; and
| 25 | | (3) are designed to enroll and serve a substantial |
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| 1 | | proportion of at-risk
children; provided that nothing in | 2 | | the Charter Schools Law shall be construed
as intended to
| 3 | | limit the establishment of charter schools to those that | 4 | | serve a substantial
portion of at-risk children or to in | 5 | | any manner restrict, limit, or discourage
the
| 6 | | establishment of charter schools that enroll and serve | 7 | | other pupil populations
under a nonexclusive, | 8 | | nondiscriminatory admissions policy.
| 9 | | (b) In the case of a proposal to establish a charter school | 10 | | by converting an
existing public school or attendance center to | 11 | | charter school status, evidence
that the proposed formation of | 12 | | the charter school has received majority support
from certified | 13 | | teachers and from parents and guardians in the school or
| 14 | | attendance center affected by the proposed charter, and, if | 15 | | applicable, from a
local school council, shall be demonstrated | 16 | | by a petition in support of the
charter school signed by | 17 | | certified teachers and a petition in support of the
charter | 18 | | school signed by parents and guardians and, if applicable, by a | 19 | | vote of
the local school council held at a public meeting. In | 20 | | the case of all other
proposals to establish a charter school, | 21 | | evidence of sufficient support to fill
the number of pupil | 22 | | seats set forth in the proposal may be
demonstrated by a
| 23 | | petition in support of the charter school signed by parents and | 24 | | guardians of
students eligible to attend the charter school.
In | 25 | | all cases, the individuals, organizations, or entities who | 26 | | initiate
the proposal to establish a charter school may elect, |
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| 1 | | in lieu of including any
petition referred to in this | 2 | | subsection as a part of the proposal submitted to
the local | 3 | | school board, to demonstrate that the charter school has
| 4 | | received the support referred to in this subsection by other | 5 | | evidence and
information presented at the public meeting that | 6 | | the local school board is
required to convene under this | 7 | | Section.
| 8 | | (c) Within 45 days of receipt of a charter school proposal, | 9 | | the local school
board shall convene a public meeting to obtain | 10 | | information to assist the board
in its decision to grant or | 11 | | deny the charter school proposal. A local school board may | 12 | | develop its own process for receiving charter school proposals | 13 | | on an annual basis that follows the same timeframes as set | 14 | | forth in this Article. Final decisions of a local school board | 15 | | are subject to judicial review under the Administrative Review | 16 | | Law. Only after the local school board process is followed may | 17 | | a charter school applicant appeal to the Commission.
| 18 | | (d) Notice of the public meeting required by this Section | 19 | | shall be published
in a community newspaper published in the | 20 | | school district in which the proposed
charter is located and, | 21 | | if there is no such newspaper, then in a newspaper
published in | 22 | | the county and having circulation in the school district. The
| 23 | | notices shall be published not more than 10 days nor less than | 24 | | 5 days before
the meeting and shall state that information | 25 | | regarding a charter school
proposal will be heard at the | 26 | | meeting. Copies of the notice shall also be
posted at |
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| 1 | | appropriate locations in the school or attendance center | 2 | | proposed to
be established as a charter school, the public | 3 | | schools in the school district,
and the local school board | 4 | | office. If 45 days pass without the local school board holding | 5 | | a public meeting, then the charter applicant may submit the | 6 | | proposal to the Commission, where it must be addressed in | 7 | | accordance with the provisions set forth in subsection (g) of | 8 | | this Section.
| 9 | | (e) Within 30 days of the public meeting, the local school | 10 | | board shall vote,
in a public meeting, to either grant or deny | 11 | | the charter school proposal. If the local school board has not | 12 | | voted in a public meeting within 30 days after the public | 13 | | meeting, then the charter applicant may submit the proposal to | 14 | | the Commission, where it must be addressed in accordance with | 15 | | the provisions set forth in subsection (g) of this Section.
| 16 | | (f) Within 7 days of the public meeting required under | 17 | | subsection (e) of this Section, the
local school board shall | 18 | | file a report with the State Board
granting or denying the | 19 | | proposal.
If the local school board has approved the proposal, | 20 | | within 30 days of receipt of the local school board's
report, | 21 | | the State Board shall determine whether the approved charter
| 22 | | proposal is consistent with the
provisions of this Article and, | 23 | | if the approved proposal
complies,
certify the proposal | 24 | | pursuant to Section 27A-6.
| 25 | | (g) (Blank). If the local school board votes to deny the | 26 | | proposal, then the charter school applicant has 30 days from |
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| 1 | | the date of that vote to submit an appeal to the Commission. In | 2 | | such instances or in those instances referenced in subsections | 3 | | (d) and (e) of this Section, the Commission shall follow the | 4 | | same process and be subject to the same timelines for review as | 5 | | the local school board. | 6 | | (h) (Blank). The Commission may reverse a local school | 7 | | board's decision to deny a charter school proposal if the | 8 | | Commission finds that the proposal (i) is in compliance with | 9 | | this Article and (ii) is in the best interests of the students | 10 | | the charter school is designed to serve. Final decisions of the | 11 | | Commission are subject to judicial review under the | 12 | | Administrative Review Law. | 13 | | (i) (Blank). In the case of a charter school proposed to be | 14 | | jointly authorized by 2 or more school districts, the local | 15 | | school boards may unanimously deny the charter school proposal | 16 | | with a statement that the local school boards are not opposed | 17 | | to the charter school, but that they yield to the Commission in | 18 | | light of the complexities of joint administration. | 19 | | (Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09; | 20 | | 96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
| 21 | | (105 ILCS 5/27A-9)
| 22 | | Sec. 27A-9. Term of charter; renewal.
| 23 | | (a) For charters granted before January 1, 2017 (the | 24 | | effective date of Public Act 99-840), a charter may be granted | 25 | | for a period not less than 5 and not
more than
10
school years. |
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| 1 | | For charters granted on or after January 1, 2017 (the effective | 2 | | date of Public Act 99-840), a charter shall be granted for a | 3 | | period of 5
school years. For charters renewed before January | 4 | | 1, 2017 (the effective date of Public Act 99-840), a charter | 5 | | may be renewed in incremental periods not to exceed
5
school | 6 | | years. For charters renewed on or after January 1, 2017 (the | 7 | | effective date of Public Act 99-840), a charter may be renewed | 8 | | in incremental periods not to exceed 10 school years; however, | 9 | | the State Board or Commission may renew a charter only in | 10 | | incremental periods not to exceed 5 years. Authorizers shall | 11 | | ensure that every charter granted on or after January 1, 2017 | 12 | | (the effective date of Public Act 99-840) includes standards | 13 | | and goals for academic, organizational, and financial | 14 | | performance. A charter must meet all standards and goals for | 15 | | academic, organizational, and financial performance set forth | 16 | | by the authorizer in order to be renewed for a term in excess | 17 | | of 5 years but not more than 10 years. If an authorizer fails | 18 | | to establish standards and goals, a charter shall not be | 19 | | renewed for a term in excess of 5 years. Nothing contained in | 20 | | this Section shall require an authorizer to grant a full | 21 | | 10-year renewal term to any particular charter school, but an | 22 | | authorizer may award a full 10-year renewal term to charter | 23 | | schools that have a demonstrated track record of improving | 24 | | student performance.
| 25 | | (b) A charter school renewal proposal submitted to the
| 26 | | local school board or the State Board or Commission, as the |
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| 1 | | chartering entity,
shall contain:
| 2 | | (1) A report on the progress of the charter school in | 3 | | achieving the goals,
objectives, pupil performance | 4 | | standards, content standards, and other terms of
the | 5 | | initial approved charter proposal; and
| 6 | | (2) A financial statement that discloses the costs of | 7 | | administration,
instruction, and other spending categories | 8 | | for the charter school that is
understandable to the | 9 | | general public and that will allow comparison of those
| 10 | | costs to other schools or other comparable organizations, | 11 | | in a format required
by the State Board.
| 12 | | (c) A charter may be revoked
or not renewed if the local | 13 | | school board or the State Board or Commission, as the | 14 | | chartering
entity,
clearly demonstrates that the
charter | 15 | | school did any of the
following, or otherwise failed to comply | 16 | | with the requirements of this law:
| 17 | | (1) Committed a material violation of any of the | 18 | | conditions, standards, or
procedures set forth in the | 19 | | charter.
| 20 | | (2) Failed to meet or make reasonable progress toward | 21 | | achievement of the
content standards or pupil performance | 22 | | standards identified in the charter.
| 23 | | (3) Failed to meet generally accepted standards of | 24 | | fiscal management.
| 25 | | (4) Violated any provision of law from which the | 26 | | charter school was not
exempted.
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| 1 | | In the case of revocation, the local school board or the | 2 | | State Board or Commission, as the chartering entity, shall | 3 | | notify the charter school in writing of the reason why the | 4 | | charter is subject to revocation. The charter school shall | 5 | | submit a written plan to the local school board , the State | 6 | | Board, or the Commission, whichever is applicable, to rectify | 7 | | the problem. The plan shall include a timeline for | 8 | | implementation, which shall not exceed 2 years or the date of | 9 | | the charter's expiration, whichever is earlier. If the local | 10 | | school board or the State Board or Commission, as the | 11 | | chartering entity, finds that the charter school has failed to | 12 | | implement the plan of remediation and adhere to the timeline, | 13 | | then the chartering entity shall revoke the charter. Except in | 14 | | situations of an emergency where the health, safety, or | 15 | | education of the charter school's students is at risk, the | 16 | | revocation shall take place at the end of a school year. | 17 | | Nothing in Public Act 96-105 shall be construed to prohibit an | 18 | | implementation timetable that is less than 2 years in duration. | 19 | | No local school board may arbitrarily or capriciously revoke or | 20 | | not renew a charter. Except for extenuating circumstances | 21 | | outlined in this Section, if a local school board revokes or | 22 | | does not renew a charter, it must ensure that all students | 23 | | currently enrolled in the charter school are placed in schools | 24 | | that are higher performing than that charter school, as defined | 25 | | in the State's federal Every Student Succeeds Act | 26 | | accountability plan. In determining whether extenuating |
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| 1 | | circumstances exist, a local school board must detail, by clear | 2 | | and convincing evidence, that factors unrelated to the charter | 3 | | school's accountability designation outweigh the charter | 4 | | school's academic performance. | 5 | | (d) (Blank).
| 6 | | (e) Notice of a local school board's decision to
deny, | 7 | | revoke, or not
renew a charter shall be provided to the | 8 | | Commission and the State Board.
Until July 1, 2020, the The | 9 | | Commission may reverse a local board's
decision
to not renew a | 10 | | charter if the Commission finds
that the charter school or | 11 | | charter school proposal (i) is in compliance with
this Article, | 12 | | and (ii) is in the best interests of the students it is | 13 | | designed
to serve.
The Commission may condition the granting of | 14 | | an appeal on the acceptance by
the charter school of funding in | 15 | | an amount less than that requested in the
proposal submitted to | 16 | | the local school board.
Final decisions of the Commission shall | 17 | | be subject
to judicial review under the Administrative Review | 18 | | Law. | 19 | | The State Board may reverse a local board's decision to | 20 | | revoke or, beginning on July 1, 2020, not renew a charter if | 21 | | the State Board finds
that the charter school or charter school | 22 | | proposal (i) is in compliance with
this Article and (ii) is in | 23 | | the best interests of the students it is designed
to serve.
The | 24 | | State Board may condition the granting of an appeal on the | 25 | | acceptance by
the charter school of funding in an amount less | 26 | | than that requested in the
proposal submitted to the local |
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| 1 | | school board.
The State Board must appoint and utilize a | 2 | | hearing officer for any appeals conducted under this | 3 | | subsection. Final decisions of the State Board are subject
to | 4 | | judicial review under the Administrative Review Law.
| 5 | | (f) Notwithstanding other provisions of this Article, if | 6 | | the Commission
on appeal reverses a local board's decision
or | 7 | | if a charter school is
approved by referendum,
the Commission
| 8 | | shall act as the
authorized chartering entity for the charter | 9 | | school.
The Commission shall
approve the charter and shall | 10 | | perform all functions
under this
Article otherwise performed by | 11 | | the local school
board. The State Board shall determine whether | 12 | | the charter proposal approved by the Commission is consistent | 13 | | with the provisions of this Article and, if the approved | 14 | | proposal complies, certify the proposal pursuant to this | 15 | | Article. The State Board shall
report the aggregate number of | 16 | | charter school pupils resident in a school
district to that | 17 | | district
and shall notify the district
of the amount of
funding | 18 | | to be paid by the State Board to the charter school enrolling | 19 | | such
students.
The Commission shall require the
charter school | 20 | | to maintain accurate records of daily attendance that shall be
| 21 | | deemed sufficient to file claims under Section 18-8.05 or | 22 | | 18-8.15 notwithstanding any
other requirements of that Section | 23 | | regarding hours of instruction and teacher
certification .
The | 24 | | State Board shall withhold from funds otherwise due the | 25 | | district
the funds authorized by this Article to be paid to the | 26 | | charter school and shall
pay such amounts to the charter |
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| 1 | | school.
| 2 | | (g) For charter schools authorized by the Commission, the | 3 | | Commission shall quarterly certify to the State Board the | 4 | | student enrollment for each of its charter schools. | 5 | | (h) For charter schools authorized by the Commission, the | 6 | | State Board shall pay directly to a charter school any federal | 7 | | or State aid attributable to a student with a disability | 8 | | attending the school. | 9 | | (Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17; | 10 | | 100-465, eff. 8-31-17.)
| 11 | | (105 ILCS 5/27A-11.5) | 12 | | Sec. 27A-11.5. State financing. The State Board of | 13 | | Education shall make
the following funds available to school | 14 | | districts and charter schools: | 15 | | (1) From a separate appropriation made to the State | 16 | | Board for purposes
of this subdivision (1), the State Board | 17 | | shall make transition impact aid
available to school | 18 | | districts that approve a new charter school or that have
| 19 | | funds withheld by the State Board to fund a new charter | 20 | | school that is
chartered by the Commission. The amount of | 21 | | the aid shall equal 90% of the per
capita funding paid to | 22 | | the charter school during the first year of its initial
| 23 | | charter term, 65% of the per capita funding paid to the | 24 | | charter school during
the second year of its initial term, | 25 | | and 35% of the per capita funding paid to
the charter |
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| 1 | | school during the third year of its initial term. This | 2 | | transition
impact aid shall be paid to the local school | 3 | | board in equal quarterly
installments, with the payment of | 4 | | the installment for the first quarter being
made by August | 5 | | 1st immediately preceding the first, second, and third | 6 | | years of
the initial term. The district shall file an | 7 | | application for this aid with the
State Board in a format | 8 | | designated by the State Board. If the appropriation is
| 9 | | insufficient in any year to pay all approved claims, the | 10 | | impact aid shall be
prorated.
However, for fiscal year | 11 | | 2004, the State Board of Education shall
pay approved | 12 | | claims only for charter schools with a valid charter | 13 | | granted
prior to June 1, 2003. If any funds remain after | 14 | | these claims have
been paid, then the State Board of | 15 | | Education may pay all other approved
claims on a pro rata | 16 | | basis.
Transition impact aid shall be paid beginning in the | 17 | | 1999-2000
school year for charter schools that are in the | 18 | | first, second, or third year of
their initial term. | 19 | | Transition impact aid shall not be paid for any charter
| 20 | | school that is
proposed and created by one or more boards | 21 | | of education, as authorized under
the provisions of Public | 22 | | Act 91-405. | 23 | | (2) From a separate appropriation made for the purpose | 24 | | of this subdivision
(2), the State Board shall make grants | 25 | | to charter schools to pay their start-up
costs of acquiring | 26 | | educational materials and supplies, textbooks, electronic |
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| 1 | | textbooks and the technological equipment necessary to | 2 | | gain access to and use electronic textbooks, furniture,
and | 3 | | other equipment or materials needed during their initial | 4 | | term. The State Board shall
annually establish the time and | 5 | | manner of application for these grants, which
shall not | 6 | | exceed $250 per student enrolled in the charter school. | 7 | | (3) The Charter Schools Revolving Loan Fund is created | 8 | | as a special
fund in the State treasury. Federal funds, | 9 | | such other funds as may be made
available for costs | 10 | | associated with the establishment of charter schools in
| 11 | | Illinois, and amounts repaid by charter schools that have | 12 | | received a loan from
the Charter Schools Revolving Loan | 13 | | Fund shall be deposited into the Charter
Schools Revolving | 14 | | Loan Fund, and the moneys in the Charter Schools Revolving
| 15 | | Loan Fund shall be appropriated to the State Board and used | 16 | | to provide
interest-free loans to charter schools. These | 17 | | funds shall be used to pay
start-up costs of acquiring | 18 | | educational materials and supplies, textbooks, electronic | 19 | | textbooks and the technological equipment necessary to | 20 | | gain access to and use electronic textbooks,
furniture, and | 21 | | other equipment or materials needed in the initial term of | 22 | | the charter school
and for acquiring and remodeling a | 23 | | suitable physical plant, within the initial
term of the | 24 | | charter school. Loans shall be limited to one loan per | 25 | | charter
school and shall not exceed $750 per student | 26 | | enrolled in the charter school. A
loan shall be repaid by |
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| 1 | | the end of the initial term of the charter school.
The | 2 | | State Board may deduct amounts necessary to repay the loan | 3 | | from funds due
to the charter school or may require that | 4 | | the local school board that
authorized the charter school | 5 | | deduct such amounts from funds due the charter
school and | 6 | | remit these amounts to the State Board, provided that the | 7 | | local
school board shall not be responsible for repayment | 8 | | of the loan. The State
Board may use up to 3% of the | 9 | | appropriation to contract with a non-profit
entity to | 10 | | administer the loan program. | 11 | | (4) A charter school may apply for and receive, subject | 12 | | to the same
restrictions applicable to school districts, | 13 | | any grant administered by the
State Board that is available | 14 | | for school districts. | 15 | | If a charter school fails to make payments toward | 16 | | administrative costs, the State Board may withhold State funds | 17 | | from that school until it has made all payments for those | 18 | | costs. | 19 | | (Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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