Full Text of HB4913 95th General Assembly
HB4913eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 27A-9 as follows:
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| (105 ILCS 5/27A-9)
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| Sec. 27A-9. Term of charter; renewal.
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| (a) A charter may be granted for a period not less than 5 | 9 |
| and not
more than
10
school years. A charter may be renewed in | 10 |
| incremental periods not to exceed
5
school years.
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| (b) A charter school renewal proposal submitted to the
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| local school board or State Board, as the chartering entity,
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| shall contain:
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| (1) A report on the progress of the charter school in | 15 |
| achieving the goals,
objectives, pupil performance | 16 |
| standards, content standards, and other terms of
the | 17 |
| initial approved charter proposal; and
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| (2) A financial statement that discloses the costs of | 19 |
| administration,
instruction, and other spending categories | 20 |
| for the charter school that is
understandable to the | 21 |
| general public and that will allow comparison of those
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| costs to other schools or other comparable organizations, | 23 |
| in a format required
by the State Board.
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| (c) A charter may be revoked
or not renewed if the local | 2 |
| school board or State Board, as the chartering
entity,
clearly | 3 |
| demonstrates that the
charter school did any of the
following, | 4 |
| or otherwise failed to comply with the requirements of this | 5 |
| law:
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| (1) Committed a material violation of any of the | 7 |
| conditions, standards, or
procedures set forth in the | 8 |
| charter , in which case the local school board or State | 9 |
| Board, as the chartering entity, shall notify the charter | 10 |
| school in writing of the reason why the charter is subject | 11 |
| to revocation or nonrenewal, and the charter school shall | 12 |
| submit a written plan to the local school board or State | 13 |
| Board, whichever is applicable, to rectify the problem and | 14 |
| begin implementation of the plan within one calendar year | 15 |
| after notification .
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| (2) Failed to meet or make reasonable progress toward | 17 |
| achievement of the
content standards or pupil performance | 18 |
| standards identified in the charter , in which case the | 19 |
| charter school must be held to the terms as written in the | 20 |
| charter .
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| (3) Failed to meet generally accepted standards of | 22 |
| fiscal management , in which case the local school board or | 23 |
| State Board, as the chartering entity, shall notify the | 24 |
| charter school in writing of the reason why the charter is | 25 |
| subject to revocation or nonrenewal, and the charter school | 26 |
| shall submit a written plan to the local school board or |
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| State Board, whichever is applicable, to rectify the | 2 |
| problem and begin implementation of the plan within one | 3 |
| calendar year after notification .
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| (4) Violated any provision of law from which the | 5 |
| charter school was not
exempted , in which case the local | 6 |
| school board or State Board, as the chartering entity, | 7 |
| shall notify the charter school in writing of the reason | 8 |
| why the charter is subject to revocation or nonrenewal, and | 9 |
| the charter school shall submit a written plan to the local | 10 |
| school board or State Board, whichever is applicable, to | 11 |
| rectify the problem and begin implementation of the plan | 12 |
| within one calendar year after notification .
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| If the local school board or State Board, as the chartering | 14 |
| entity, finds that the charter school has not rectified the | 15 |
| problem, then the charter must be revoked or not renewed. | 16 |
| Notwithstanding any other rulemaking authority that may | 17 |
| exist, neither the Governor nor any agency or agency head under | 18 |
| the jurisdiction of the Governor has any authority to make or | 19 |
| promulgate rules to implement or enforce the provisions of this | 20 |
| amendatory Act of the 95th General Assembly. If, however, the | 21 |
| Governor believes that rules are necessary to implement or | 22 |
| enforce the provisions of this amendatory Act of the 95th | 23 |
| General Assembly, the Governor may suggest rules to the General | 24 |
| Assembly by filing them with the Clerk of the House and the | 25 |
| Secretary of the Senate and by requesting that the General | 26 |
| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action | 2 |
| in the General Assembly's discretion. Nothing contained in this | 3 |
| amendatory Act of the 95th General Assembly shall be | 4 |
| interpreted to grant rulemaking authority under any other | 5 |
| Illinois statute where such authority is not otherwise | 6 |
| explicitly given. For the purposes of this amendatory Act of | 7 |
| the 95th General Assembly, "rules" is given the meaning | 8 |
| contained in Section 1-70 of the Illinois Administrative | 9 |
| Procedure Act, and "agency" and "agency head" are given the | 10 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 11 |
| Administrative Procedure Act to the extent that such | 12 |
| definitions apply to agencies or agency heads under the | 13 |
| jurisdiction of the Governor. | 14 |
| (d) (Blank).
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| (e) Notice of a local school board's decision to
deny, | 16 |
| revoke or not to
renew a charter shall be provided to the State | 17 |
| Board.
The State Board may reverse a local board's
decision
if | 18 |
| the State Board finds
that the charter school or charter school | 19 |
| proposal (i) is in compliance with
this Article, and (ii) is in | 20 |
| the best interests of the students it is designed
to serve.
The | 21 |
| State Board may condition the granting of an appeal on the | 22 |
| acceptance by
the charter school of funding in an amount less | 23 |
| than that requested in the
proposal submitted to the local | 24 |
| school board.
Final decisions of the State Board shall be | 25 |
| subject
to judicial review under the Administrative Review Law.
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| (f) Notwithstanding other provisions of this Article, if |
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| 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.
The State Board shall
approve and certify the charter | 5 |
| and shall perform all functions
under this
Article otherwise | 6 |
| performed by the local school
board. The State Board shall
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| report the aggregate number of charter school pupils resident | 8 |
| in a school
district to that district
and shall notify the | 9 |
| district
of the amount of
funding to be paid by the State Board | 10 |
| to the charter school enrolling such
students.
The State Board | 11 |
| shall require the
charter school to maintain accurate records | 12 |
| of daily attendance that shall be
deemed sufficient to file | 13 |
| claims under Section 18-8.05 notwithstanding any
other | 14 |
| requirements of that Section regarding hours of instruction and | 15 |
| teacher
certification.
The State Board shall withhold from | 16 |
| funds otherwise due the district
the funds authorized by this | 17 |
| Article to be paid to the charter school and shall
pay such | 18 |
| amounts to the charter school.
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| (Source: P.A. 91-96, eff. 7-9-99; 91-407, eff. 8-3-99;
92-16, | 20 |
| eff. 6-28-01.)
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| Section 90. The State Mandates Act is amended by adding | 22 |
| Section 8.32 as follows: | 23 |
| (30 ILCS 805/8.32 new) | 24 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the | 2 |
| implementation of any mandate created by this amendatory Act of | 3 |
| the 95th General Assembly. |
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