Full Text of SB1226 101st General Assembly
SB1226enr 101ST GENERAL ASSEMBLY |
| | SB1226 Enrolled | | LRB101 05965 AXK 50986 b |
|
| 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 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 This | 8 | | Section is repealed on October 1, 2020.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.
| 15 | | (a) A charter school shall be a public, nonsectarian, | 16 | | nonreligious, non-home
based, and non-profit school. A charter | 17 | | school shall be organized and operated
as a nonprofit | 18 | | corporation or other discrete, legal, nonprofit entity
| 19 | | authorized under the laws of the State of Illinois.
| 20 | | (b) A charter school may be established under this Article | 21 | | by creating a new
school or by converting an existing public |
| | | SB1226 Enrolled | - 2 - | LRB101 05965 AXK 50986 b |
|
| 1 | | school or attendance center to
charter
school status.
Beginning | 2 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 3 | | all new
applications to establish
a charter
school in a city | 4 | | having a population exceeding 500,000, operation of the
charter
| 5 | | school shall be limited to one campus. The changes made to this | 6 | | Section by Public Act 93-3 do not apply to charter schools | 7 | | existing or approved on or before April 16, 2003 (the
effective | 8 | | date of Public Act 93-3). | 9 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 10 | | a cyber school where students engage in online curriculum and | 11 | | instruction via the Internet and electronic communication with | 12 | | their teachers at remote locations and with students | 13 | | participating at different times. | 14 | | From April 1, 2013 through December 31, 2016, there is a | 15 | | moratorium on the establishment of charter schools with | 16 | | virtual-schooling components in school districts other than a | 17 | | school district organized under Article 34 of this Code. This | 18 | | moratorium does not apply to a charter school with | 19 | | virtual-schooling components existing or approved prior to | 20 | | April 1, 2013 or to the renewal of the charter of a charter | 21 | | school with virtual-schooling components already approved | 22 | | prior to April 1, 2013. | 23 | | On or before March 1, 2014, the Commission shall submit to | 24 | | the General Assembly a report on the effect of | 25 | | virtual-schooling, including without limitation the effect on | 26 | | student performance, the costs associated with |
| | | SB1226 Enrolled | - 3 - | LRB101 05965 AXK 50986 b |
|
| 1 | | virtual-schooling, and issues with oversight. The report shall | 2 | | include policy recommendations for virtual-schooling.
| 3 | | (c) A charter school shall be administered and governed by | 4 | | its board of
directors or other governing body
in the manner | 5 | | provided in its charter. The governing body of a charter school
| 6 | | shall be subject to the Freedom of Information Act and the Open | 7 | | Meetings Act.
| 8 | | (d) For purposes of this subsection (d), "non-curricular | 9 | | health and safety requirement" means any health and safety | 10 | | requirement created by statute or rule to provide, maintain, | 11 | | preserve, or safeguard safe or healthful conditions for | 12 | | students and school personnel or to eliminate, reduce, or | 13 | | prevent threats to the health and safety of students and school | 14 | | personnel. "Non-curricular health and safety requirement" does | 15 | | not include any course of study or specialized instructional | 16 | | requirement for which the State Board has established goals and | 17 | | learning standards or which is designed primarily to impart | 18 | | knowledge and skills for students to master and apply as an | 19 | | outcome of their education. | 20 | | A charter school shall comply with all non-curricular | 21 | | health and safety
requirements applicable to public schools | 22 | | under the laws of the State of
Illinois. On or before September | 23 | | 1, 2015, the State Board shall promulgate and post on its | 24 | | Internet website a list of non-curricular health and safety | 25 | | requirements that a charter school must meet. The list shall be | 26 | | updated annually no later than September 1. Any charter |
| | | SB1226 Enrolled | - 4 - | LRB101 05965 AXK 50986 b |
|
| 1 | | contract between a charter school and its authorizer must | 2 | | contain a provision that requires the charter school to follow | 3 | | the list of all non-curricular health and safety requirements | 4 | | promulgated by the State Board and any non-curricular health | 5 | | and safety requirements added by the State Board to such list | 6 | | during the term of the charter. Nothing in this subsection (d) | 7 | | precludes an authorizer from including non-curricular health | 8 | | and safety requirements in a charter school contract that are | 9 | | not contained in the list promulgated by the State Board, | 10 | | including non-curricular health and safety requirements of the | 11 | | authorizing local school board.
| 12 | | (e) Except as otherwise provided in the School Code, a | 13 | | charter school shall
not charge tuition; provided that a | 14 | | charter school may charge reasonable fees
for textbooks, | 15 | | instructional materials, and student activities.
| 16 | | (f) A charter school shall be responsible for the | 17 | | management and operation
of its fiscal affairs including,
but | 18 | | not limited to, the preparation of its budget. An audit of each | 19 | | charter
school's finances shall be conducted annually by an | 20 | | outside, independent
contractor retained by the charter | 21 | | school. To ensure financial accountability for the use of | 22 | | public funds, on or before December 1 of every year of | 23 | | operation, each charter school shall submit to its authorizer | 24 | | and the State Board a copy of its audit and a copy of the Form | 25 | | 990 the charter school filed that year with the federal | 26 | | Internal Revenue Service. In addition, if deemed necessary for |
| | | SB1226 Enrolled | - 5 - | LRB101 05965 AXK 50986 b |
|
| 1 | | proper financial oversight of the charter school, an authorizer | 2 | | may require quarterly financial statements from each charter | 3 | | school.
| 4 | | (g) A charter school shall comply with all provisions of | 5 | | this Article, the Illinois Educational Labor Relations Act, all | 6 | | federal and State laws and rules applicable to public schools | 7 | | that pertain to special education and the instruction of | 8 | | English learners, and
its charter. A charter
school is exempt | 9 | | from all other State laws and regulations in this Code
| 10 | | governing public
schools and local school board policies; | 11 | | however, a charter school is not exempt from the following:
| 12 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 13 | | criminal
history records checks and checks of the Statewide | 14 | | Sex Offender Database and Statewide Murderer and Violent | 15 | | Offender Against Youth Database of applicants for | 16 | | employment;
| 17 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 18 | | 34-84a of this Code regarding discipline of
students;
| 19 | | (3) the Local Governmental and Governmental Employees | 20 | | Tort Immunity Act;
| 21 | | (4) Section 108.75 of the General Not For Profit | 22 | | Corporation Act of 1986
regarding indemnification of | 23 | | officers, directors, employees, and agents;
| 24 | | (5) the Abused and Neglected Child Reporting Act;
| 25 | | (5.5) subsection (b) of Section 10-23.12 and | 26 | | subsection (b) of Section 34-18.6 of this Code; |
| | | SB1226 Enrolled | - 6 - | LRB101 05965 AXK 50986 b |
|
| 1 | | (6) the Illinois School Student Records Act;
| 2 | | (7) Section 10-17a of this Code regarding school report | 3 | | cards;
| 4 | | (8) the P-20 Longitudinal Education Data System Act; | 5 | | (9) Section 27-23.7 of this Code regarding bullying | 6 | | prevention; | 7 | | (10) Section 2-3.162 of this Code regarding student | 8 | | discipline reporting; | 9 | | (11) Sections 22-80 and 27-8.1 of this Code; | 10 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 11 | | (13) Sections 10-20.63 and 34-18.56 of this Code; and | 12 | | (14) Section 26-18 of this Code; and | 13 | | (15) Section 22-30 of this Code. | 14 | | The change made by Public Act 96-104 to this subsection (g) | 15 | | is declaratory of existing law. | 16 | | (h) A charter school may negotiate and contract with a | 17 | | school district, the
governing body of a State college or | 18 | | university or public community college, or
any other public or | 19 | | for-profit or nonprofit private entity for: (i) the use
of a | 20 | | school building and grounds or any other real property or | 21 | | facilities that
the charter school desires to use or convert | 22 | | for use as a charter school site,
(ii) the operation and | 23 | | maintenance thereof, and
(iii) the provision of any service, | 24 | | activity, or undertaking that the charter
school is required to | 25 | | perform in order to carry out the terms of its charter.
| 26 | | However, a charter school
that is established on
or
after April |
| | | SB1226 Enrolled | - 7 - | LRB101 05965 AXK 50986 b |
|
| 1 | | 16, 2003 (the effective date of Public Act 93-3) and that | 2 | | operates
in a city having a population exceeding
500,000 may | 3 | | not contract with a for-profit entity to
manage or operate the | 4 | | school during the period that commences on April 16, 2003 (the
| 5 | | effective date of Public Act 93-3) and
concludes at the end of | 6 | | the 2004-2005 school year.
Except as provided in subsection (i) | 7 | | of this Section, a school district may
charge a charter school | 8 | | reasonable rent for the use of the district's
buildings, | 9 | | grounds, and facilities. Any services for which a charter | 10 | | school
contracts
with a school district shall be provided by | 11 | | the district at cost. Any services
for which a charter school | 12 | | contracts with a local school board or with the
governing body | 13 | | of a State college or university or public community college
| 14 | | shall be provided by the public entity at cost.
| 15 | | (i) In no event shall a charter school that is established | 16 | | by converting an
existing school or attendance center to | 17 | | charter school status be required to
pay rent for space
that is | 18 | | deemed available, as negotiated and provided in the charter | 19 | | agreement,
in school district
facilities. However, all other | 20 | | costs for the operation and maintenance of
school district | 21 | | facilities that are used by the charter school shall be subject
| 22 | | to negotiation between
the charter school and the local school | 23 | | board and shall be set forth in the
charter.
| 24 | | (j) A charter school may limit student enrollment by age or | 25 | | grade level.
| 26 | | (k) If the charter school is approved by the State Board or |
| | | SB1226 Enrolled | - 8 - | LRB101 05965 AXK 50986 b |
|
| 1 | | Commission, then the Commission charter school is its own local | 2 | | education agency. | 3 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 4 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 5 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 6 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 7 | | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, | 8 | | eff. 8-14-18; revised 10-5-18.)
| 9 | | (105 ILCS 5/27A-6.5)
| 10 | | Sec. 27A-6.5. Charter school referendum.
| 11 | | (a) No charter shall go into effect under this Section that | 12 | | would convert any
existing private, parochial, or non-public | 13 | | school to a charter school or whose
proposal has not been
| 14 | | certified by the State Board.
| 15 | | (b) A local school board shall, whenever petitioned to do | 16 | | so by 5% or more
of
the
voters of a school district or | 17 | | districts identified in a charter school
proposal, order | 18 | | submitted to the voters thereof at a
regularly scheduled
| 19 | | election the question of whether a new charter school shall be | 20 | | established,
which
proposal
has been found by the State Board | 21 | | Commission to be in compliance with the
provisions of this | 22 | | Article,
and the secretary shall certify the proposition to the | 23 | | proper election
authorities
for submission in accordance with | 24 | | the general election law. The proposition
shall be in
| 25 | | substantially the following form:
|
| | | SB1226 Enrolled | - 9 - | LRB101 05965 AXK 50986 b |
|
| 1 | | "FOR the establishment of (name of proposed charter | 2 | | school) under charter
school proposal (charter school | 3 | | proposal number).
| 4 | | AGAINST the establishment of (name of proposed charter | 5 | | school) under
charter
school proposal (charter school | 6 | | proposal number)".
| 7 | | (c) Before circulating a petition to submit the question of | 8 | | whether to
establish a charter school to the voters under | 9 | | subsection (b) of this Section,
the governing body of a
| 10 | | proposed charter
school
that desires to establish a
new charter
| 11 | | school by referendum shall submit the charter school proposal | 12 | | to
the State Board Commission
in the form of a proposed | 13 | | contract to be entered into
between the State Board Commission
| 14 | | and the governing body of the proposed charter school, together | 15 | | with written notice of the intent to have
a new charter school | 16 | | established by referendum.
The contract shall comply with the | 17 | | provisions of this Article.
| 18 | | If the State Board Commission finds that the proposed | 19 | | contract complies with the
provisions
of this Article, it
shall
| 20 | | immediately
direct the
local school board to notify the proper
| 21 | | election authorities that the question of whether to establish | 22 | | a new charter
school
shall be submitted for referendum.
| 23 | | (d) If the State Board Commission finds that the proposal | 24 | | fails to comply with the
provisions of this Article, it shall | 25 | | provide
written explanation, detailing its reasons for | 26 | | refusal, to the local school
board and
to the individuals or |
| | | SB1226 Enrolled | - 10 - | LRB101 05965 AXK 50986 b |
|
| 1 | | organizations submitting the proposal. The State Board | 2 | | Commission shall also notify the local school board and the | 3 | | individuals or
organizations submitting the proposal that the | 4 | | proposal may be amended and
resubmitted under the same | 5 | | provisions required for an original submission.
| 6 | | (e) If a majority of the votes cast upon the proposition in | 7 | | each school
district designated in the charter school proposal | 8 | | is in favor of
establishing
a charter school, the local school | 9 | | board shall notify the State Board and the Commission of
the
| 10 | | passage of
the proposition in favor of establishing a charter | 11 | | school and the State Board Commission
shall approve the charter | 12 | | within 7 days
after
the State Board of Elections has certified | 13 | | that a
majority
of the votes cast upon the proposition is in | 14 | | favor of establishing a charter
school. The State Board | 15 | | Commission shall be the chartering entity for charter
schools | 16 | | established by referendum under this Section. | 17 | | (f) (Blank). The State Board shall determine whether the | 18 | | charter proposal approved by the Commission is consistent with | 19 | | the provisions of this Article and, if the approved proposal | 20 | | complies, certify the proposal pursuant to this Article.
| 21 | | (Source: P.A. 98-739, eff. 7-16-14.)
| 22 | | (105 ILCS 5/27A-7.5) | 23 | | Sec. 27A-7.5. State Charter School Commission ; abolition | 24 | | and transfer to State Board . | 25 | | (a) A State Charter School Commission is established as an |
| | | SB1226 Enrolled | - 11 - | LRB101 05965 AXK 50986 b |
|
| 1 | | independent commission with statewide chartering jurisdiction | 2 | | and authority. The Commission shall be under the State Board | 3 | | for administrative purposes only. | 4 | | (a-5) The State Board shall provide administrative support | 5 | | to the Commission as needed. | 6 | | (b) The Commission is responsible for authorizing | 7 | | high-quality charter schools throughout this State, | 8 | | particularly schools designed to expand opportunities for | 9 | | at-risk students, consistent with the purposes of this Article. | 10 | | (c) The Commission shall consist of 9 members, appointed by | 11 | | the State Board. The State Board shall make these appointments | 12 | | from a slate of candidates proposed by the Governor, within 60 | 13 | | days after the effective date of this amendatory Act of the | 14 | | 97th General Assembly with respect to the initial Commission | 15 | | members. In making the appointments, the State Board shall | 16 | | ensure statewide geographic diversity among Commission | 17 | | members. The Governor shall propose a slate of candidates to | 18 | | the State Board within 60 days after the effective date of this | 19 | | amendatory Act of the 97th General Assembly and 60 days prior | 20 | | to the expiration of the term of a member thereafter. If the | 21 | | Governor fails to timely propose a slate of candidates | 22 | | according to the provisions of this subsection (c), then the | 23 | | State Board may appoint the member or members of the | 24 | | Commission. | 25 | | (d) Members appointed to the Commission shall collectively | 26 | | possess strong experience and expertise in public and nonprofit |
| | | SB1226 Enrolled | - 12 - | LRB101 05965 AXK 50986 b |
|
| 1 | | governance, management and finance, public school leadership, | 2 | | higher education, assessments, curriculum and instruction, and | 3 | | public education law. All members of the Commission shall have | 4 | | demonstrated understanding of and a commitment to public | 5 | | education, including without limitation charter schooling. At | 6 | | least 3 members must have past experience with urban charter | 7 | | schools. | 8 | | (e) To establish staggered terms of office, the initial | 9 | | term of office for 3 Commission members shall be 4 years and | 10 | | thereafter shall be 4 years; the initial term of office for | 11 | | another 3 members shall be 3 years and thereafter shall be 4 | 12 | | years; and the initial term of office for the remaining 3 | 13 | | members shall be 2 years and thereafter shall be 4 years. The | 14 | | initial appointments must be made no later than October 1, | 15 | | 2011. | 16 | | (f) Whenever a vacancy on the Commission exists, the State | 17 | | Board shall appoint a member for the remaining portion of the | 18 | | term. | 19 | | (g) Subject to the State Officials and Employees Ethics | 20 | | Act, the Commission is authorized to receive and expend gifts, | 21 | | grants, and donations of any kind from any public or private | 22 | | entity to carry out the purposes of this Article, subject to | 23 | | the terms and conditions under which they are given, provided | 24 | | that all such terms and conditions are permissible under law. | 25 | | Funds received under this subsection (g) must be deposited into | 26 | | the State Charter School Commission Fund. |
| | | SB1226 Enrolled | - 13 - | LRB101 05965 AXK 50986 b |
|
| 1 | | The State Charter School Commission Fund is created as a | 2 | | special fund in the State treasury. Until July 1, 2020, all All | 3 | | money in the Fund shall be used, subject to appropriation, by | 4 | | the State Board, acting on behalf and with the consent of the | 5 | | Commission, for operational and administrative costs of the | 6 | | Commission. Beginning on July 1, 2020 through August 31, 2020, | 7 | | all money in the Fund shall be used, subject to appropriation, | 8 | | by the State Board for operational and administrative costs. On | 9 | | September 1, 2020, or as soon thereafter as practicable, in | 10 | | consultation with the State Board, the State Comptroller shall | 11 | | order transferred and the State Treasurer shall transfer all | 12 | | money in the State Charter School Commission Fund to the State | 13 | | Board of Education Special Purpose Trust Fund. | 14 | | Subject to appropriation, any funds appropriated for use by | 15 | | the State Board, acting on behalf and with the consent of the | 16 | | Commission, may be used for the following purposes, without | 17 | | limitation: personal services, contractual services, and other | 18 | | operational and administrative costs. The State Board is | 19 | | further authorized to make expenditures with respect to any | 20 | | other amounts deposited in accordance with law into the State | 21 | | Charter School Commission Fund. | 22 | | (g-5) Funds or spending authority for the operation and | 23 | | administrative costs of the Commission shall be appropriated to | 24 | | the State Board in a separate line item. The State | 25 | | Superintendent of Education may not reduce or modify the budget | 26 | | of the Commission or use funds appropriated to the Commission |
| | | SB1226 Enrolled | - 14 - | LRB101 05965 AXK 50986 b |
|
| 1 | | without the approval of the Commission. | 2 | | (h) The Commission shall operate with dedicated resources | 3 | | and staff qualified to execute the day-to-day responsibilities | 4 | | of charter school authorizing in accordance with this Article. | 5 | | The Commission may employ and fix the compensation of such | 6 | | employees and technical assistants as it deems necessary to | 7 | | carry out its powers and duties under this Article, without | 8 | | regard to the requirements of any civil service or personnel | 9 | | statute; and may establish and administer standards of | 10 | | classification of all such persons with respect to their | 11 | | compensation, duties, performance, and tenure and enter into | 12 | | contracts of employment with such persons for such periods and | 13 | | on such terms as the Commission deems desirable. | 14 | | (i) (Blank). Every 2 years, the Commission shall provide to | 15 | | the State Board and local school boards a report on best | 16 | | practices in charter school authorizing, including without | 17 | | limitation evaluating applications, oversight of charters, and | 18 | | renewal of charter schools. | 19 | | (j) Until July 1, 2020, the The Commission may charge a | 20 | | charter school that it authorizes a fee, not to exceed 3% of | 21 | | the revenue provided to the school, to cover the cost of | 22 | | undertaking the ongoing administrative responsibilities of the | 23 | | eligible chartering authority with respect to the school. This | 24 | | fee must be deposited into the State Charter School Commission | 25 | | Fund. | 26 | | Beginning on July 1, 2020, the State Board of Education may |
| | | SB1226 Enrolled | - 15 - | LRB101 05965 AXK 50986 b |
|
| 1 | | charge a charter school that it authorizes a fee not to exceed | 2 | | 3% of the revenue provided to the school to be used exclusively | 3 | | for covering the cost of authorizing activities. Authorizing | 4 | | activities may include, but are not limited to: (i) soliciting, | 5 | | reviewing, and taking action on charter school proposals; (ii) | 6 | | hiring, training, and supervising staff engaged in authorizing | 7 | | activities; (iii) developing and conducting oversight, | 8 | | including regular monitoring, of authorized charter schools; | 9 | | (iv) reporting on best practices and performances of charter | 10 | | schools; (v) applying for, managing, and distributing grants | 11 | | and funds appropriated for charter schools and authorizing | 12 | | activities; (vi) training members of the State Board on their | 13 | | authorizing roles; and (vii) training other employees of the | 14 | | State Board on how to work with charter schools as their own | 15 | | local education agencies. | 16 | | (k) On July 1, 2020, the State Charter School Commission is | 17 | | abolished and the terms of all members end. On that date, all | 18 | | of the powers, duties, assets, liabilities, contracts, | 19 | | property, records, and pending business of the Commission are | 20 | | transferred to the State Board. For purposes of the Successor | 21 | | Agency Act and Section 9b of the State Finance Act, the State | 22 | | Board is declared to be the successor agency of the Commission. | 23 | | Beginning on July 1, 2020, references in statutes, rules, | 24 | | forms, and other documents to the Commission shall, in | 25 | | appropriate contexts, be deemed to refer to the State Board. | 26 | | Standards and procedures of the Commission in effect on July 1, |
| | | SB1226 Enrolled | - 16 - | LRB101 05965 AXK 50986 b |
|
| 1 | | 2020 shall be deemed standards and procedures of the State | 2 | | Board and shall remain in effect until amended or repealed by | 3 | | the State Board. | 4 | | Beginning on the effective date of this amendatory Act of | 5 | | the 101st General Assembly, the Commission may not enter into | 6 | | or renew a contract, other than a charter renewal, that expires | 7 | | after July 1, 2020. | 8 | | On July 1, 2020, any (k) Any charter school authorized by | 9 | | the State Charter School Commission State Board prior to July | 10 | | 1, 2020 this amendatory Act of the 97th General Assembly shall | 11 | | have its authorization transferred to the Commission upon a | 12 | | vote of the State Board, which shall then become the school's | 13 | | authorizer for all purposes under this Article. On July 1, 2020 | 14 | | However, in no case shall such transfer take place later than | 15 | | July 1, 2012. At this time , all of the powers, duties, assets, | 16 | | liabilities, contracts, property, records, and pending | 17 | | business of the State Charter School Commission State Board as | 18 | | the school's authorizer must be transferred to the State Board | 19 | | Commission . Any charter school authorized by a local school | 20 | | board or boards may seek transfer of authorization to the | 21 | | Commission during its current term only with the approval of | 22 | | the local school board or boards. At the end of its charter | 23 | | term, a charter school may authorized by a local school board | 24 | | or boards must reapply to the board or boards for authorization | 25 | | before it may apply for authorization to the Commission under | 26 | | the terms of this amendatory Act of the 97th General Assembly . |
| | | SB1226 Enrolled | - 17 - | LRB101 05965 AXK 50986 b |
|
| 1 | | On July 1, 2020 the effective date of this amendatory Act | 2 | | of the 97th General Assembly , all rules of the State Board | 3 | | applicable to matters falling within the responsibility of the | 4 | | State Charter School Commission shall be applicable to the | 5 | | actions of the State Board Commission . The Commission shall | 6 | | thereafter have the authority to propose to the State Board | 7 | | modifications to all rules applicable to matters falling within | 8 | | the responsibility of the Commission. The State Board shall | 9 | | retain rulemaking authority for the Commission, but shall work | 10 | | jointly with the Commission on any proposed modifications. Upon | 11 | | recommendation of proposed rule modifications by the | 12 | | Commission and pursuant to the Illinois Administrative | 13 | | Procedure Act, the State Board shall consider such changes | 14 | | within the intent of this amendatory Act of the 97th General | 15 | | Assembly and grant any and all changes consistent with that | 16 | | intent. | 17 | | (l) The Commission shall have the responsibility to | 18 | | consider appeals under this Article immediately upon | 19 | | appointment of the initial members of the Commission under | 20 | | subsection (c) of this Section. Appeals pending at the time of | 21 | | initial appointment shall be determined by the Commission; the | 22 | | Commission may extend the time for review as necessary for | 23 | | thorough review, but in no case shall the extension exceed the | 24 | | time that would have been available had the appeal been | 25 | | submitted to the Commission on the date of appointment of its | 26 | | initial members. In any appeal filed with the Commission under |
| | | SB1226 Enrolled | - 18 - | LRB101 05965 AXK 50986 b |
|
| 1 | | this Article, both the applicant and the school district in | 2 | | which the charter school plans to locate shall have the right | 3 | | to request a hearing before the Commission. If more than one | 4 | | entity requests a hearing, then the Commission may hold only | 5 | | one hearing, wherein the applicant and the school district | 6 | | shall have an equal opportunity to present their respective | 7 | | positions.
| 8 | | (Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11; | 9 | | 97-1156, eff. 1-25-13.) | 10 | | (105 ILCS 5/27A-7.10) | 11 | | Sec. 27A-7.10. Authorizer powers and duties; immunity; | 12 | | principles and standards. | 13 | | (a) Authorizers are responsible for executing, in | 14 | | accordance with this Article, all of the following powers and | 15 | | duties: | 16 | | (1) Soliciting and evaluating charter applications. | 17 | | (2) Approving quality charter applications that meet | 18 | | identified educational needs and promote a diversity of | 19 | | educational choices. | 20 | | (3) Declining to approve weak or inadequate charter | 21 | | applications. | 22 | | (4) Negotiating and executing sound charter contracts | 23 | | with each approved charter school. | 24 | | (5) Monitoring, in accordance with charter contract | 25 | | terms, the performance and legal compliance of charter |
| | | SB1226 Enrolled | - 19 - | LRB101 05965 AXK 50986 b |
|
| 1 | | schools. | 2 | | (6) Determining whether each charter contract merits | 3 | | renewal, nonrenewal, or revocation. | 4 | | (b) An authorizing entity may delegate its duties to | 5 | | officers, employees, and contractors. | 6 | | (c) Regulation by authorizers is limited to the powers and | 7 | | duties set forth in subsection (a) of this Section and must be | 8 | | consistent with the spirit and intent of this Article. | 9 | | (d) An authorizing entity, members of the local school | 10 | | board, or the State Board, and the Commission, in their | 11 | | official capacity, and employees of an authorizer are immune | 12 | | from civil and criminal liability with respect to all | 13 | | activities related to a charter school that they authorize, | 14 | | except for willful or wanton misconduct. | 15 | | (e) The State Board, the Commission , and all local school | 16 | | boards that have a charter school operating are required to | 17 | | develop and maintain chartering policies and practices | 18 | | consistent with recognized principles and standards for | 19 | | quality charter authorizing in all major areas of authorizing | 20 | | responsibility, including all of the following: | 21 | | (1) Organizational capacity and infrastructure. | 22 | | (2) Soliciting and evaluating charter applications if | 23 | | applicable . | 24 | | (3) Performance contracting. | 25 | | (4) Ongoing charter school oversight and evaluation. | 26 | | (5) Charter renewal decision-making. |
| | | SB1226 Enrolled | - 20 - | LRB101 05965 AXK 50986 b |
|
| 1 | | Authorizers shall carry out all their duties under this | 2 | | Article in a manner consistent with nationally recognized | 3 | | principles and standards and with the spirit and intent of this | 4 | | Article.
| 5 | | (Source: P.A. 97-152, eff. 7-20-11.)
| 6 | | (105 ILCS 5/27A-8)
| 7 | | Sec. 27A-8. Evaluation of charter proposals.
| 8 | | (a) This Section does not apply to a charter school | 9 | | established by
referendum under
Section 27A-6.5.
In evaluating | 10 | | any charter
school proposal submitted to it, the local school | 11 | | board and the Commission shall give preference
to proposals | 12 | | that:
| 13 | | (1) demonstrate a high level of local pupil, parental, | 14 | | community,
business, and school personnel support;
| 15 | | (2) set rigorous levels of expected pupil achievement | 16 | | and demonstrate
feasible plans for attaining those levels | 17 | | of achievement; and
| 18 | | (3) are designed to enroll and serve a substantial | 19 | | proportion of at-risk
children; provided that nothing in | 20 | | the Charter Schools Law shall be construed
as intended to
| 21 | | limit the establishment of charter schools to those that | 22 | | serve a substantial
portion of at-risk children or to in | 23 | | any manner restrict, limit, or discourage
the
| 24 | | establishment of charter schools that enroll and serve | 25 | | other pupil populations
under a nonexclusive, |
| | | SB1226 Enrolled | - 21 - | LRB101 05965 AXK 50986 b |
|
| 1 | | nondiscriminatory admissions policy.
| 2 | | (b) In the case of a proposal to establish a charter school | 3 | | by converting an
existing public school or attendance center to | 4 | | charter school status, evidence
that the proposed formation of | 5 | | the charter school has received majority support
from certified | 6 | | teachers and from parents and guardians in the school or
| 7 | | attendance center affected by the proposed charter, and, if | 8 | | applicable, from a
local school council, shall be demonstrated | 9 | | by a petition in support of the
charter school signed by | 10 | | certified teachers and a petition in support of the
charter | 11 | | school signed by parents and guardians and, if applicable, by a | 12 | | vote of
the local school council held at a public meeting. In | 13 | | the case of all other
proposals to establish a charter school, | 14 | | evidence of sufficient support to fill
the number of pupil | 15 | | seats set forth in the proposal may be
demonstrated by a
| 16 | | petition in support of the charter school signed by parents and | 17 | | guardians of
students eligible to attend the charter school.
In | 18 | | all cases, the individuals, organizations, or entities who | 19 | | initiate
the proposal to establish a charter school may elect, | 20 | | in lieu of including any
petition referred to in this | 21 | | subsection as a part of the proposal submitted to
the local | 22 | | school board, to demonstrate that the charter school has
| 23 | | received the support referred to in this subsection by other | 24 | | evidence and
information presented at the public meeting that | 25 | | the local school board is
required to convene under this | 26 | | Section.
|
| | | SB1226 Enrolled | - 22 - | LRB101 05965 AXK 50986 b |
|
| 1 | | (c) Within 45 days of receipt of a charter school proposal, | 2 | | the local school
board shall convene a public meeting to obtain | 3 | | information to assist the board
in its decision to grant or | 4 | | deny the charter school proposal. A local school board may | 5 | | develop its own process for receiving charter school proposals | 6 | | on an annual basis that follows the same timeframes as set | 7 | | forth in this Article. Final decisions of a local school board | 8 | | are subject to judicial review under the Administrative Review | 9 | | Law. Only after the local school board process is followed may | 10 | | a charter school applicant appeal to the Commission.
| 11 | | (d) Notice of the public meeting required by this Section | 12 | | shall be published
in a community newspaper published in the | 13 | | school district in which the proposed
charter is located and, | 14 | | if there is no such newspaper, then in a newspaper
published in | 15 | | the county and having circulation in the school district. The
| 16 | | notices shall be published not more than 10 days nor less than | 17 | | 5 days before
the meeting and shall state that information | 18 | | regarding a charter school
proposal will be heard at the | 19 | | meeting. Copies of the notice shall also be
posted at | 20 | | appropriate locations in the school or attendance center | 21 | | proposed to
be established as a charter school, the public | 22 | | schools in the school district,
and the local school board | 23 | | office. If 45 days pass without the local school board holding | 24 | | a public meeting, then the charter applicant may submit the | 25 | | proposal to the Commission, where it must be addressed in | 26 | | accordance with the provisions set forth in subsection (g) of |
| | | SB1226 Enrolled | - 23 - | LRB101 05965 AXK 50986 b |
|
| 1 | | this Section.
| 2 | | (e) Within 30 days of the public meeting, the local school | 3 | | board shall vote,
in a public meeting, to either grant or deny | 4 | | the charter school proposal. If the local school board has not | 5 | | voted in a public meeting within 30 days after the public | 6 | | meeting, then the charter applicant may submit the proposal to | 7 | | the Commission, where it must be addressed in accordance with | 8 | | the provisions set forth in subsection (g) of this Section.
| 9 | | (f) Within 7 days of the public meeting required under | 10 | | subsection (e) of this Section, the
local school board shall | 11 | | file a report with the State Board
granting or denying the | 12 | | proposal.
If the local school board has approved the proposal, | 13 | | within 30 days of receipt of the local school board's
report, | 14 | | the State Board shall determine whether the approved charter
| 15 | | proposal is consistent with the
provisions of this Article and, | 16 | | if the approved proposal
complies,
certify the proposal | 17 | | pursuant to Section 27A-6.
| 18 | | (g) (Blank). If the local school board votes to deny the | 19 | | proposal, then the charter school applicant has 30 days from | 20 | | the date of that vote to submit an appeal to the Commission. In | 21 | | such instances or in those instances referenced in subsections | 22 | | (d) and (e) of this Section, the Commission shall follow the | 23 | | same process and be subject to the same timelines for review as | 24 | | the local school board. | 25 | | (h) (Blank). The Commission may reverse a local school | 26 | | board's decision to deny a charter school proposal if the |
| | | SB1226 Enrolled | - 24 - | LRB101 05965 AXK 50986 b |
|
| 1 | | Commission finds that the proposal (i) is in compliance with | 2 | | this Article and (ii) is in the best interests of the students | 3 | | the charter school is designed to serve. Final decisions of the | 4 | | Commission are subject to judicial review under the | 5 | | Administrative Review Law. | 6 | | (i) (Blank). In the case of a charter school proposed to be | 7 | | jointly authorized by 2 or more school districts, the local | 8 | | school boards may unanimously deny the charter school proposal | 9 | | with a statement that the local school boards are not opposed | 10 | | to the charter school, but that they yield to the Commission in | 11 | | light of the complexities of joint administration. | 12 | | (Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09; | 13 | | 96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
| 14 | | (105 ILCS 5/27A-9)
| 15 | | Sec. 27A-9. Term of charter; renewal.
| 16 | | (a) For charters granted before January 1, 2017 (the | 17 | | effective date of Public Act 99-840), a charter may be granted | 18 | | for a period not less than 5 and not
more than
10
school years. | 19 | | For charters granted on or after January 1, 2017 (the effective | 20 | | date of Public Act 99-840), a charter shall be granted for a | 21 | | period of 5
school years. For charters renewed before January | 22 | | 1, 2017 (the effective date of Public Act 99-840), a charter | 23 | | may be renewed in incremental periods not to exceed
5
school | 24 | | years. For charters renewed on or after January 1, 2017 (the | 25 | | effective date of Public Act 99-840), a charter may be renewed |
| | | SB1226 Enrolled | - 25 - | LRB101 05965 AXK 50986 b |
|
| 1 | | in incremental periods not to exceed 10 school years; however, | 2 | | the State Board or Commission may renew a charter only in | 3 | | incremental periods not to exceed 5 years. Authorizers shall | 4 | | ensure that every charter granted on or after January 1, 2017 | 5 | | (the effective date of Public Act 99-840) includes standards | 6 | | and goals for academic, organizational, and financial | 7 | | performance. A charter must meet all standards and goals for | 8 | | academic, organizational, and financial performance set forth | 9 | | by the authorizer in order to be renewed for a term in excess | 10 | | of 5 years but not more than 10 years. If an authorizer fails | 11 | | to establish standards and goals, a charter shall not be | 12 | | renewed for a term in excess of 5 years. Nothing contained in | 13 | | this Section shall require an authorizer to grant a full | 14 | | 10-year renewal term to any particular charter school, but an | 15 | | authorizer may award a full 10-year renewal term to charter | 16 | | schools that have a demonstrated track record of improving | 17 | | student performance.
| 18 | | (b) A charter school renewal proposal submitted to the
| 19 | | local school board or the State Board or Commission, as the | 20 | | chartering entity,
shall contain:
| 21 | | (1) A report on the progress of the charter school in | 22 | | achieving the goals,
objectives, pupil performance | 23 | | standards, content standards, and other terms of
the | 24 | | initial approved charter proposal; and
| 25 | | (2) A financial statement that discloses the costs of | 26 | | administration,
instruction, and other spending categories |
| | | SB1226 Enrolled | - 26 - | LRB101 05965 AXK 50986 b |
|
| 1 | | for the charter school that is
understandable to the | 2 | | general public and that will allow comparison of those
| 3 | | costs to other schools or other comparable organizations, | 4 | | in a format required
by the State Board.
| 5 | | (c) A charter may be revoked
or not renewed if the local | 6 | | school board or the State Board or Commission, as the | 7 | | chartering
entity,
clearly demonstrates that the
charter | 8 | | school did any of the
following, or otherwise failed to comply | 9 | | with the requirements of this law:
| 10 | | (1) Committed a material violation of any of the | 11 | | conditions, standards, or
procedures set forth in the | 12 | | charter.
| 13 | | (2) Failed to meet or make reasonable progress toward | 14 | | achievement of the
content standards or pupil performance | 15 | | standards identified in the charter.
| 16 | | (3) Failed to meet generally accepted standards of | 17 | | fiscal management.
| 18 | | (4) Violated any provision of law from which the | 19 | | charter school was not
exempted.
| 20 | | In the case of revocation, the local school board or the | 21 | | State Board or Commission, as the chartering entity, shall | 22 | | notify the charter school in writing of the reason why the | 23 | | charter is subject to revocation. The charter school shall | 24 | | submit a written plan to the local school board , the State | 25 | | Board, or the Commission, whichever is applicable, to rectify | 26 | | the problem. The plan shall include a timeline for |
| | | SB1226 Enrolled | - 27 - | LRB101 05965 AXK 50986 b |
|
| 1 | | implementation, which shall not exceed 2 years or the date of | 2 | | the charter's expiration, whichever is earlier. If the local | 3 | | school board or the State Board or Commission, as the | 4 | | chartering entity, finds that the charter school has failed to | 5 | | implement the plan of remediation and adhere to the timeline, | 6 | | then the chartering entity shall revoke the charter. Except in | 7 | | situations of an emergency where the health, safety, or | 8 | | education of the charter school's students is at risk, the | 9 | | revocation shall take place at the end of a school year. | 10 | | Nothing in Public Act 96-105 shall be construed to prohibit an | 11 | | implementation timetable that is less than 2 years in duration. | 12 | | No local school board may arbitrarily or capriciously revoke or | 13 | | not renew a charter. Except for extenuating circumstances | 14 | | outlined in this Section, if a local school board revokes or | 15 | | does not renew a charter, it must ensure that all students | 16 | | currently enrolled in the charter school are placed in schools | 17 | | that are higher performing than that charter school, as defined | 18 | | in the State's federal Every Student Succeeds Act | 19 | | accountability plan. In determining whether extenuating | 20 | | circumstances exist, a local school board must detail, by clear | 21 | | and convincing evidence, that factors unrelated to the charter | 22 | | school's accountability designation outweigh the charter | 23 | | school's academic performance. | 24 | | (d) (Blank).
| 25 | | (e) Notice of a local school board's decision to
deny, | 26 | | revoke, or not
renew a charter shall be provided to the |
| | | SB1226 Enrolled | - 28 - | LRB101 05965 AXK 50986 b |
|
| 1 | | Commission and the State Board.
Until July 1, 2020, the The | 2 | | Commission may reverse a local board's
decision
to not renew a | 3 | | charter if the Commission finds
that the charter school or | 4 | | charter school proposal (i) is in compliance with
this Article, | 5 | | and (ii) is in the best interests of the students it is | 6 | | designed
to serve.
The Commission may condition the granting of | 7 | | an appeal on the acceptance by
the charter school of funding in | 8 | | an amount less than that requested in the
proposal submitted to | 9 | | the local school board.
Final decisions of the Commission shall | 10 | | be subject
to judicial review under the Administrative Review | 11 | | Law. | 12 | | The State Board may reverse a local board's decision to | 13 | | revoke or, beginning on July 1, 2020, not renew a charter if | 14 | | the State Board finds
that the charter school or charter school | 15 | | proposal (i) is in compliance with
this Article and (ii) is in | 16 | | the best interests of the students it is designed
to serve.
The | 17 | | State Board may condition the granting of an appeal on the | 18 | | acceptance by
the charter school of funding in an amount less | 19 | | than that requested in the
proposal submitted to the local | 20 | | school board.
The State Board must appoint and utilize a | 21 | | hearing officer for any appeals conducted under this | 22 | | subsection. Final decisions of the State Board are subject
to | 23 | | judicial review under the Administrative Review Law.
| 24 | | (f) Notwithstanding other provisions of this Article, if | 25 | | the Commission
on appeal reverses a local board's decision
or | 26 | | if a charter school is
approved by referendum,
the Commission
|
| | | SB1226 Enrolled | - 29 - | LRB101 05965 AXK 50986 b |
|
| 1 | | shall act as the
authorized chartering entity for the charter | 2 | | school.
The Commission shall
approve the charter and shall | 3 | | perform all functions
under this
Article otherwise performed by | 4 | | the local school
board. The State Board shall determine whether | 5 | | the charter proposal approved by the Commission is consistent | 6 | | with the provisions of this Article and, if the approved | 7 | | proposal complies, certify the proposal pursuant to this | 8 | | Article. The State Board shall
report the aggregate number of | 9 | | charter school pupils resident in a school
district to that | 10 | | district
and shall notify the district
of the amount of
funding | 11 | | to be paid by the State Board to the charter school enrolling | 12 | | such
students.
The Commission shall require the
charter school | 13 | | to maintain accurate records of daily attendance that shall be
| 14 | | deemed sufficient to file claims under Section 18-8.05 or | 15 | | 18-8.15 notwithstanding any
other requirements of that Section | 16 | | regarding hours of instruction and teacher
certification .
The | 17 | | State Board shall withhold from funds otherwise due the | 18 | | district
the funds authorized by this Article to be paid to the | 19 | | charter school and shall
pay such amounts to the charter | 20 | | school.
| 21 | | (g) For charter schools authorized by the Commission, the | 22 | | Commission shall quarterly certify to the State Board the | 23 | | student enrollment for each of its charter schools. | 24 | | (h) For charter schools authorized by the Commission, the | 25 | | State Board shall pay directly to a charter school any federal | 26 | | or State aid attributable to a student with a disability |
| | | SB1226 Enrolled | - 30 - | LRB101 05965 AXK 50986 b |
|
| 1 | | attending the school. | 2 | | (Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17; | 3 | | 100-465, eff. 8-31-17.)
| 4 | | (105 ILCS 5/27A-11.5) | 5 | | Sec. 27A-11.5. State financing. The State Board of | 6 | | Education shall make
the following funds available to school | 7 | | districts and charter schools: | 8 | | (1) From a separate appropriation made to the State | 9 | | Board for purposes
of this subdivision (1), the State Board | 10 | | shall make transition impact aid
available to school | 11 | | districts that approve a new charter school or that have
| 12 | | funds withheld by the State Board to fund a new charter | 13 | | school that is
chartered by the Commission. The amount of | 14 | | the aid shall equal 90% of the per
capita funding paid to | 15 | | the charter school during the first year of its initial
| 16 | | charter term, 65% of the per capita funding paid to the | 17 | | charter school during
the second year of its initial term, | 18 | | and 35% of the per capita funding paid to
the charter | 19 | | school during the third year of its initial term. This | 20 | | transition
impact aid shall be paid to the local school | 21 | | board in equal quarterly
installments, with the payment of | 22 | | the installment for the first quarter being
made by August | 23 | | 1st immediately preceding the first, second, and third | 24 | | years of
the initial term. The district shall file an | 25 | | application for this aid with the
State Board in a format |
| | | SB1226 Enrolled | - 31 - | LRB101 05965 AXK 50986 b |
|
| 1 | | designated by the State Board. If the appropriation is
| 2 | | insufficient in any year to pay all approved claims, the | 3 | | impact aid shall be
prorated.
However, for fiscal year | 4 | | 2004, the State Board of Education shall
pay approved | 5 | | claims only for charter schools with a valid charter | 6 | | granted
prior to June 1, 2003. If any funds remain after | 7 | | these claims have
been paid, then the State Board of | 8 | | Education may pay all other approved
claims on a pro rata | 9 | | basis.
Transition impact aid shall be paid beginning in the | 10 | | 1999-2000
school year for charter schools that are in the | 11 | | first, second, or third year of
their initial term. | 12 | | Transition impact aid shall not be paid for any charter
| 13 | | school that is
proposed and created by one or more boards | 14 | | of education, as authorized under
the provisions of Public | 15 | | Act 91-405. | 16 | | (2) From a separate appropriation made for the purpose | 17 | | of this subdivision
(2), the State Board shall make grants | 18 | | to charter schools to pay their start-up
costs of acquiring | 19 | | educational materials and supplies, textbooks, electronic | 20 | | textbooks and the technological equipment necessary to | 21 | | gain access to and use electronic textbooks, furniture,
and | 22 | | other equipment or materials needed during their initial | 23 | | term. The State Board shall
annually establish the time and | 24 | | manner of application for these grants, which
shall not | 25 | | exceed $250 per student enrolled in the charter school. | 26 | | (3) The Charter Schools Revolving Loan Fund is created |
| | | SB1226 Enrolled | - 32 - | LRB101 05965 AXK 50986 b |
|
| 1 | | as a special
fund in the State treasury. Federal funds, | 2 | | such other funds as may be made
available for costs | 3 | | associated with the establishment of charter schools in
| 4 | | Illinois, and amounts repaid by charter schools that have | 5 | | received a loan from
the Charter Schools Revolving Loan | 6 | | Fund shall be deposited into the Charter
Schools Revolving | 7 | | Loan Fund, and the moneys in the Charter Schools Revolving
| 8 | | Loan Fund shall be appropriated to the State Board and used | 9 | | to provide
interest-free loans to charter schools. These | 10 | | funds shall be used to pay
start-up costs of acquiring | 11 | | educational materials and supplies, textbooks, electronic | 12 | | textbooks and the technological equipment necessary to | 13 | | gain access to and use electronic textbooks,
furniture, and | 14 | | other equipment or materials needed in the initial term of | 15 | | the charter school
and for acquiring and remodeling a | 16 | | suitable physical plant, within the initial
term of the | 17 | | charter school. Loans shall be limited to one loan per | 18 | | charter
school and shall not exceed $750 per student | 19 | | enrolled in the charter school. A
loan shall be repaid by | 20 | | the end of the initial term of the charter school.
The | 21 | | State Board may deduct amounts necessary to repay the loan | 22 | | from funds due
to the charter school or may require that | 23 | | the local school board that
authorized the charter school | 24 | | deduct such amounts from funds due the charter
school and | 25 | | remit these amounts to the State Board, provided that the | 26 | | local
school board shall not be responsible for repayment |
| | | SB1226 Enrolled | - 33 - | LRB101 05965 AXK 50986 b |
|
| 1 | | of the loan. The State
Board may use up to 3% of the | 2 | | appropriation to contract with a non-profit
entity to | 3 | | administer the loan program. | 4 | | (4) A charter school may apply for and receive, subject | 5 | | to the same
restrictions applicable to school districts, | 6 | | any grant administered by the
State Board that is available | 7 | | for school districts. | 8 | | If a charter school fails to make payments toward | 9 | | administrative costs, the State Board may withhold State funds | 10 | | from that school until it has made all payments for those | 11 | | costs. | 12 | | (Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17 .)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
|
|