State of Illinois
90th General Assembly
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90_HB2454

      105 ILCS 5/27A-9
          Amends the  Charter  Schools  Law  in  the  School  Code.
      Eliminates  provisions  added  by P.A. 90-548 authorizing the
      State Board of  Education,  under  specified  conditions,  to
      reverse  a  local school board's decision to deny, revoke, or
      not renew a charter.  Also deletes provisions under which the
      State  Board  of  Education  would  act  as  the   authorized
      chartering entity for a charter school if the State Board, on
      appeal,  were  to  reverse a local school board's decision to
      deny, revoke, or not renew a charter.  Effective immediately.
                                                     LRB9008335THpk
                                               LRB9008335THpk
 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    27A-9.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Section 27A-9 as follows:
 7        (105 ILCS 5/27A-9)
 8        Sec. 27A-9. Term of charter; renewal.
 9        (a)  A  charter may be granted for a period not less than
10    3 and not more than 5 school years.  A charter may be renewed
11    in incremental periods not to exceed 5 school years.
12        (b)  A charter school renewal proposal submitted  to  the
13    local school board shall contain:
14             (1)  A  report on the progress of the charter school
15        in achieving the  goals,  objectives,  pupil  performance
16        standards,  content  standards,  and  other  terms of the
17        initial approved charter proposal; and
18             (2)  A financial statement that discloses the  costs
19        of   administration,   instruction,  and  other  spending
20        categories for the charter school that is  understandable
21        to  the  general public and that will allow comparison of
22        those  costs  to  other  schools  or   other   comparable
23        organizations, in a format required by the State Board.
24        (c)  A charter may be revoked or not renewed if the local
25    school board clearly demonstrates that the charter school did
26    any  of the following, or otherwise failed to comply with the
27    requirements of this law:
28             (1)  Committed a material violation of  any  of  the
29        conditions,  standards,  or  procedures  set forth in the
30        charter.
31             (2)  Failed to  meet  or  make  reasonable  progress
                            -2-                LRB9008335THpk
 1        toward  achievement  of  the  content  standards or pupil
 2        performance 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        (d)  (Blank).
 8        (e)  Notice of a local school board's decision  to  deny,
 9    revoke  or  not  to  renew a charter shall be provided to the
10    State Board. The State Board  may  reverse  a  local  board's
11    decision  if the State Board finds that the charter school or
12    charter school  proposal  (i)  is  in  compliance  with  this
13    Article, and (ii) is in the best interests of the students it
14    is  designed  to  serve.  Final  decisions of the State Board
15    shall be subject to judicial review under the  Administrative
16    Review Law.
17        (f)  Notwithstanding other provisions of this Article, if
18    the  State Board on appeal reverses a local board's decision,
19    the State Board shall act as the authorized chartering entity
20    for the charter school.  The State Board  shall  approve  and
21    certify  the  charter  and  shall perform all functions under
22    this Article otherwise performed by the local  school  board.
23    The  State Board shall report the aggregate number of charter
24    school pupils resident in a school district to that  district
25    and  shall notify the district of the amount of funding to be
26    paid by the State Board to the charter school enrolling  such
27    students.    The   State  Board  shall  withhold  from  funds
28    otherwise due the  district  the  funds  authorized  by  this
29    Article  to  be paid to the charter school and shall pay such
30    amounts to the charter school.
31    (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.

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