Full Text of SB0466 103rd General Assembly
SB0466sam001 103RD GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 4/16/2024 | | 10300SB0466sam001 | | LRB103 02917 RJT 72466 a |
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| 1 | | AMENDMENT TO SENATE BILL 466
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 466 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 27A-7.5 and 27A-9 as follows: | 6 | | (105 ILCS 5/27A-7.5) | 7 | | Sec. 27A-7.5. State Charter School Commission; abolition | 8 | | and transfer to State Board; fee. | 9 | | (a) (Blank). | 10 | | (a-5) (Blank). | 11 | | (b) (Blank). | 12 | | (c) (Blank). | 13 | | (d) (Blank). | 14 | | (e) (Blank). | 15 | | (f) (Blank). | 16 | | (g) (Blank). |
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| 1 | | (g-5) (Blank). | 2 | | (h) (Blank). | 3 | | (i) (Blank). | 4 | | (j) The State Board may charge a charter school that it | 5 | | authorizes a fee not to exceed 3% of the revenue provided to | 6 | | the school to be used exclusively for covering the cost of | 7 | | authorizing activities. Authorizing activities may include, | 8 | | but are not limited to: (i) soliciting, reviewing, and taking | 9 | | action on charter school proposals; (ii) hiring, training, and | 10 | | supervising staff engaged in authorizing activities; (iii) | 11 | | developing and conducting oversight, including regular | 12 | | monitoring, of authorized charter schools; (iv) reporting on | 13 | | best practices and performances of charter schools; (v) | 14 | | applying for, managing, and distributing grants and funds | 15 | | appropriated for charter schools and authorizing activities; | 16 | | (vi) training members of the State Board on their authorizing | 17 | | roles; and (vii) training other employees of the State Board | 18 | | on how to work with charter schools as their own local | 19 | | education agencies. | 20 | | (k) On July 1, 2020, the State Charter School Commission | 21 | | or "Commission" (established by Public Act 97-152 as an | 22 | | independent State agency with statewide chartering | 23 | | jurisdiction and authority) is abolished and the terms of all | 24 | | members end. On that date, all of the powers, duties, assets, | 25 | | liabilities, contracts, property, records, and pending | 26 | | business of the Commission are transferred to the State Board. |
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| 1 | | For purposes of the Successor Agency Act and Section 9b of the | 2 | | State Finance Act, the State Board is declared to be the | 3 | | successor agency of the Commission. Beginning on July 1, 2020, | 4 | | references in statutes, rules, forms, and other documents to | 5 | | the Commission shall, in appropriate contexts, be deemed to | 6 | | refer to the State Board. Standards and procedures of the | 7 | | Commission in effect on July 1, 2020 shall be deemed standards | 8 | | and procedures of the State Board and shall remain in effect | 9 | | until amended or repealed by the State Board. | 10 | | On July 1, 2020, any charter school authorized by the | 11 | | Commission prior to July 1, 2020 shall have its authorization | 12 | | transferred to the State Board, which shall then become the | 13 | | school's authorizer for all purposes under this Article. On | 14 | | July 1, 2020, all of the powers, duties, assets, liabilities, | 15 | | contracts, property, records, and pending business of the | 16 | | Commission as the school's authorizer must be transferred to | 17 | | the State Board. At the end of its charter term, a charter | 18 | | school may reapply to the local school board or boards for | 19 | | authorization. Any charter school authorized by the State | 20 | | Board with a charter term expiring on or after July 1, 2025 | 21 | | must reapply to the local school board or boards for | 22 | | authorization in the manner set forth in subsection (a-5) of | 23 | | Section 27A-9 before seeking renewal of its charter by the | 24 | | State Board. | 25 | | On July 1, 2020, all rules of the State Board applicable to | 26 | | matters falling within the responsibility of the Commission |
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| 1 | | shall be applicable to the actions of the State Board. | 2 | | (l) In any appeal filed with the State Board under this | 3 | | Article, both the applicant and the authorizing school | 4 | | district of the charter school shall have the right to request | 5 | | a hearing before the State Board. If more than one entity | 6 | | requests a hearing, then the State Board may hold only one | 7 | | hearing, wherein the applicant and the school district shall | 8 | | have an equal opportunity to present their respective | 9 | | positions. | 10 | | (Source: P.A. 103-175, eff. 6-30-23.) | 11 | | (105 ILCS 5/27A-9) | 12 | | Sec. 27A-9. Term of charter; renewal. | 13 | | (a) An initial charter shall be granted for a period of 5 | 14 | | school years. A charter may be renewed in incremental periods | 15 | | not to exceed 10 school years. Authorizers shall ensure that | 16 | | every charter granted on or after January 1, 2017 includes | 17 | | standards and goals for academic, organizational, and | 18 | | financial performance. A charter must meet all standards and | 19 | | goals for academic, organizational, and financial performance | 20 | | set forth by the authorizer in order to be renewed for a term | 21 | | in excess of 5 years but not more than 10 years. If an | 22 | | authorizer fails to establish standards and goals, a charter | 23 | | shall not be renewed for a term in excess of 5 years. Nothing | 24 | | contained in this Section shall require an authorizer to grant | 25 | | a full 10-year renewal term to any particular charter school, |
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| 1 | | but an authorizer may award a full 10-year renewal term to | 2 | | charter schools that have a demonstrated track record of | 3 | | improving student performance. | 4 | | (a-5) Any charter school authorized by the State Board | 5 | | with a charter term expiring on or after July 1, 2025 must | 6 | | reapply to the local school board or boards for authorization | 7 | | before seeking renewal of its charter by the State Board. The | 8 | | process for reapplication shall be as follows: | 9 | | (1) The charter school must submit a reapplication | 10 | | proposal to the local school board or boards by no later | 11 | | than January 1 of the year prior to the year in which its | 12 | | charter with the State Board is expiring. If a local | 13 | | school board has failed to adopt an application for | 14 | | authorization pursuant to this subsection (a-5), the | 15 | | charter school shall submit the information set forth in | 16 | | subsection (b) and any other information it seeks to have | 17 | | the local school board consider. | 18 | | (2) Within 45 days after receipt of a reapplication | 19 | | proposal under this subsection (a-5), the local school | 20 | | board shall convene a public meeting to obtain information | 21 | | to assist the local school board in its decision to grant | 22 | | or deny the reapplication proposal. If 45 days pass | 23 | | without the local school board holding a public meeting, | 24 | | then the charter school may proceed with application for | 25 | | renewal to the State Board. | 26 | | (3) Notice of the public meeting required by this |
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| 1 | | subsection (a-5) shall be published in a community | 2 | | newspaper published in the school district or, if there is | 3 | | no such newspaper, then in a newspaper published in the | 4 | | county and having circulation in the school district. The | 5 | | notices shall be published not more than 10 days nor less | 6 | | than 5 days before the meeting and shall state that | 7 | | information regarding a charter school reapplication | 8 | | proposal will be heard at the meeting. Copies of the | 9 | | notice shall also be posted at appropriate locations in | 10 | | the charter school, the public schools in the school | 11 | | district, and the local school board office. | 12 | | (4) Within 30 days after the public meeting, the local | 13 | | school board shall vote, in a public meeting, to either | 14 | | grant or deny the reapplication proposal. If the local | 15 | | school board has not voted in a public meeting within 30 | 16 | | days after the public meeting, then the charter school may | 17 | | proceed with application for renewal to the State Board. | 18 | | (5) Within 7 days after the public meeting required | 19 | | under paragraph (4) of this subsection (a-5), the local | 20 | | school board shall file with the State Board a report | 21 | | granting or denying the reapplication proposal that | 22 | | contains all material terms for authorization offered by | 23 | | the local school board, including, but not limited to, the | 24 | | term length, which must be equal to the length of an | 25 | | initial charter term as set forth in subsection (a), the | 26 | | funding to be paid by the local school board to the charter |
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| 1 | | school, and the maximum number of pupils to be enrolled in | 2 | | the charter school. If the local school board has approved | 3 | | the reapplication proposal, within 30 days after receipt | 4 | | of the local school board's report, the State Board shall | 5 | | determine whether the terms of authorization offered by | 6 | | the local school board are consistent with the provisions | 7 | | of this Article and, if the terms are consistent, shall | 8 | | approve the transfer of authorization of the charter | 9 | | school to the local school board at the expiration of the | 10 | | charter term. | 11 | | (6) If the State Board recommends that the terms of | 12 | | authorization be modified for consistency with this | 13 | | Article, the modifications must be consented to by both | 14 | | the governing body of the charter school and the local | 15 | | school board and resubmitted to the State Board for | 16 | | consideration. If the resubmitted terms of authorization | 17 | | are not consistent with this Article, the State Board may | 18 | | refuse to transfer authorization of the charter school to | 19 | | the local school board and the charter school may proceed | 20 | | with application for renewal to the State Board. | 21 | | (7) If the local school board denies the reapplication | 22 | | proposal, the charter school may proceed with application | 23 | | for renewal to the State Board. | 24 | | A charter school that has been authorized by a local | 25 | | school board or boards pursuant to this subsection (a-5) shall | 26 | | retain all rights to appeal to the State Board under |
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| 1 | | subsection (e) following a decision by the local school board | 2 | | to revoke or not renew the school's charter. | 3 | | The State Board may adopt such rules as may be necessary to | 4 | | implement this subsection (a-5). | 5 | | (b) A charter school renewal proposal submitted to the | 6 | | local school board or the State Board, as the chartering | 7 | | entity, shall contain: | 8 | | (1) a report on the progress of the charter school in | 9 | | achieving the goals, objectives, pupil performance | 10 | | standards, content standards, and other terms of the | 11 | | initial approved charter proposal; and | 12 | | (2) a financial statement that discloses the costs of | 13 | | administration, instruction, and other spending categories | 14 | | for the charter school that is understandable to the | 15 | | general public and that will allow comparison of those | 16 | | costs to other schools or other comparable organizations, | 17 | | in a format required by the State Board. | 18 | | (c) A charter may be revoked or not renewed if the local | 19 | | school board or the State Board, as the chartering entity, | 20 | | clearly demonstrates that the charter school did any of the | 21 | | following, or otherwise failed to comply with the requirements | 22 | | of this law: | 23 | | (1) Committed a material violation of any of the | 24 | | conditions, standards, or procedures set forth in the | 25 | | charter. | 26 | | (2) Failed to meet or make reasonable progress toward |
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| 1 | | achievement of the content standards or pupil performance | 2 | | standards identified in the charter. | 3 | | (3) Failed to meet generally accepted standards of | 4 | | fiscal management. | 5 | | (4) Violated any provision of law from which the | 6 | | charter school was not exempted. | 7 | | In the case of revocation, the local school board or the | 8 | | State Board, as the chartering entity, shall notify the | 9 | | charter school in writing of the reason why the charter is | 10 | | subject to revocation. The charter school shall submit a | 11 | | written plan to the local school board or the State Board, | 12 | | whichever is applicable, to rectify the problem. The plan | 13 | | shall include a timeline for implementation, which shall not | 14 | | exceed 2 years or the date of the charter's expiration, | 15 | | whichever is earlier. If the local school board or the State | 16 | | Board, as the chartering entity, finds that the charter school | 17 | | has failed to implement the plan of remediation and adhere to | 18 | | the timeline, then the chartering entity shall revoke the | 19 | | charter. Except in situations of an emergency where the | 20 | | health, safety, or education of the charter school's students | 21 | | is at risk, the revocation shall take place at the end of a | 22 | | school year. Nothing in this Section shall be construed to | 23 | | prohibit an implementation timetable that is less than 2 years | 24 | | in duration. No local school board may arbitrarily or | 25 | | capriciously revoke or not renew a charter. Except for | 26 | | extenuating circumstances outlined in this Section, if a local |
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| 1 | | school board revokes or does not renew a charter, it must | 2 | | ensure that all students currently enrolled in the charter | 3 | | school are placed in schools that are higher performing than | 4 | | that charter school, as defined in the State's federal Every | 5 | | Student Succeeds Act accountability plan. In determining | 6 | | whether extenuating circumstances exist, a local school board | 7 | | must detail, by clear and convincing evidence, that factors | 8 | | unrelated to the charter school's accountability designation | 9 | | outweigh the charter school's academic performance. | 10 | | (d) (Blank). | 11 | | (e) Notice of a local school board's decision to deny, | 12 | | revoke, or not renew a charter shall be provided to the State | 13 | | Board. | 14 | | The State Board may reverse a local board's decision to | 15 | | revoke or not renew a charter if the State Board finds that the | 16 | | charter school or charter school proposal (i) is in compliance | 17 | | with this Article and (ii) is in the best interests of the | 18 | | students it is designed to serve. The State Board may | 19 | | condition the granting of an appeal on the acceptance by the | 20 | | charter school of funding in an amount less than that | 21 | | requested in the proposal submitted to the local school board. | 22 | | The State Board must appoint and utilize a hearing officer for | 23 | | any appeals conducted under this subsection. Final decisions | 24 | | of the State Board are subject to judicial review under the | 25 | | Administrative Review Law. | 26 | | (f) Notwithstanding other provisions of this Article, if |
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| 1 | | the State Board on appeal reverses a local board's decision or | 2 | | if a charter school is approved by referendum, the State Board | 3 | | shall act as the authorized chartering entity for the charter | 4 | | school and shall perform all functions under this Article | 5 | | otherwise performed by the local school board. The State Board | 6 | | shall report the aggregate number of charter school pupils | 7 | | resident in a school district to that district and shall | 8 | | notify the district of the amount of funding to be paid by the | 9 | | State Board to the charter school enrolling such students. The | 10 | | charter school shall maintain accurate records of daily | 11 | | attendance and student enrollment and shall enter data on the | 12 | | students served, their characteristics, their particular | 13 | | needs, the programs in which they participate, and their | 14 | | academic achievement into the statewide student information | 15 | | system established by the State Board. The State Board shall | 16 | | withhold from funds otherwise due the district the funds | 17 | | authorized by this Article to be paid to the charter school and | 18 | | shall pay such amounts to the charter school in quarterly | 19 | | installments, calculated as follows: | 20 | | (1) The amount of the first quarterly payment shall be | 21 | | based on the projected number of students who will be | 22 | | enrolled in the charter school in the upcoming school | 23 | | year, multiplied by one-fourth of the resident district's | 24 | | per capita tuition amount. Each charter school shall | 25 | | submit its projected enrollment by no later than August 1 | 26 | | of each year on a form provided by the State Board for this |
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| 1 | | purpose. | 2 | | (2) The amount of the second quarterly payment shall | 3 | | be calculated such that the aggregate amount of the first | 4 | | and second quarterly installments is equal to the number | 5 | | of students reported as enrolled at the charter school on | 6 | | October 1 in the State Board's student information system, | 7 | | multiplied by one-half of the resident district's per | 8 | | capita tuition amount. | 9 | | (3) The amount of the third quarterly payment shall be | 10 | | based on the number of students enrolled in the charter | 11 | | school on January 1, multiplied by one-fourth of the | 12 | | resident district's per capita tuition amount. Each | 13 | | charter school shall submit its January 1 enrollment by no | 14 | | later than January 5 of each year on a form provided by the | 15 | | State Board for this purpose. | 16 | | (4) The amount of the fourth quarterly payment shall | 17 | | be calculated such that the aggregate amount of the third | 18 | | and fourth installments is equal to the number of students | 19 | | reported as enrolled at the charter school on March 1 in | 20 | | the State Board's student information system, multiplied | 21 | | by one-half of the resident district's per capita tuition | 22 | | amount. | 23 | | (g) (Blank). | 24 | | (h) The State Board shall pay directly to a charter school | 25 | | it authorizes any federal or State funding attributable to a | 26 | | student with a disability attending the school. |
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| 1 | | (Source: P.A. 103-175, eff. 6-30-23.) | 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.". |
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