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Public Act 101-0543 | ||||
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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 State Finance Act is amended by changing | ||||
Section 5.796 as follows:
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(30 ILCS 105/5.796)
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Sec. 5.796. The State Charter School Commission Fund. This | ||||
Section is repealed on October 1, 2020. | ||||
(Source: P.A. 97-152, eff. 7-20-11; 97-813, eff. 7-13-12.)
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Section 10. The School Code is amended by changing Sections | ||||
27A-5, 27A-6.5, 27A-7.5, 27A-7.10, 27A-8, 27A-9, and 27A-11.5 | ||||
as follows:
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(a) A charter school shall be a public, nonsectarian, | ||||
nonreligious, non-home
based, and non-profit school. A charter | ||||
school shall be organized and operated
as a nonprofit | ||||
corporation or other discrete, legal, nonprofit entity
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authorized under the laws of the State of Illinois.
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(b) A charter school may be established under this Article | ||||
by creating a new
school or by converting an existing public |
school or attendance center to
charter
school status.
Beginning | ||
on April 16, 2003 (the effective date of Public Act 93-3), in | ||
all new
applications to establish
a charter
school in a city | ||
having a population exceeding 500,000, operation of the
charter
| ||
school shall be limited to one campus. The changes made to this | ||
Section by Public Act 93-3 do not apply to charter schools | ||
existing or approved on or before April 16, 2003 (the
effective | ||
date of Public Act 93-3). | ||
(b-5) In this subsection (b-5), "virtual-schooling" means | ||
a cyber school where students engage in online curriculum and | ||
instruction via the Internet and electronic communication with | ||
their teachers at remote locations and with students | ||
participating at different times. | ||
From April 1, 2013 through December 31, 2016, there is a | ||
moratorium on the establishment of charter schools with | ||
virtual-schooling components in school districts other than a | ||
school district organized under Article 34 of this Code. This | ||
moratorium does not apply to a charter school with | ||
virtual-schooling components existing or approved prior to | ||
April 1, 2013 or to the renewal of the charter of a charter | ||
school with virtual-schooling components already approved | ||
prior to April 1, 2013. | ||
On or before March 1, 2014, the Commission shall submit to | ||
the General Assembly a report on the effect of | ||
virtual-schooling, including without limitation the effect on | ||
student performance, the costs associated with |
virtual-schooling, and issues with oversight. The report shall | ||
include policy recommendations for virtual-schooling.
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(c) A charter school shall be administered and governed by | ||
its board of
directors or other governing body
in the manner | ||
provided in its charter. The governing body of a charter school
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shall be subject to the Freedom of Information Act and the Open | ||
Meetings Act.
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(d) For purposes of this subsection (d), "non-curricular | ||
health and safety requirement" means any health and safety | ||
requirement created by statute or rule to provide, maintain, | ||
preserve, or safeguard safe or healthful conditions for | ||
students and school personnel or to eliminate, reduce, or | ||
prevent threats to the health and safety of students and school | ||
personnel. "Non-curricular health and safety requirement" does | ||
not include any course of study or specialized instructional | ||
requirement for which the State Board has established goals and | ||
learning standards or which is designed primarily to impart | ||
knowledge and skills for students to master and apply as an | ||
outcome of their education. | ||
A charter school shall comply with all non-curricular | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois. On or before September | ||
1, 2015, the State Board shall promulgate and post on its | ||
Internet website a list of non-curricular health and safety | ||
requirements that a charter school must meet. The list shall be | ||
updated annually no later than September 1. Any charter |
contract between a charter school and its authorizer must | ||
contain a provision that requires the charter school to follow | ||
the list of all non-curricular health and safety requirements | ||
promulgated by the State Board and any non-curricular health | ||
and safety requirements added by the State Board to such list | ||
during the term of the charter. Nothing in this subsection (d) | ||
precludes an authorizer from including non-curricular health | ||
and safety requirements in a charter school contract that are | ||
not contained in the list promulgated by the State Board, | ||
including non-curricular health and safety requirements of the | ||
authorizing local school board.
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(e) Except as otherwise provided in the School Code, a | ||
charter school shall
not charge tuition; provided that a | ||
charter school may charge reasonable fees
for textbooks, | ||
instructional materials, and student activities.
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(f) A charter school shall be responsible for the | ||
management and operation
of its fiscal affairs including,
but | ||
not limited to, the preparation of its budget. An audit of each | ||
charter
school's finances shall be conducted annually by an | ||
outside, independent
contractor retained by the charter | ||
school. To ensure financial accountability for the use of | ||
public funds, on or before December 1 of every year of | ||
operation, each charter school shall submit to its authorizer | ||
and the State Board a copy of its audit and a copy of the Form | ||
990 the charter school filed that year with the federal | ||
Internal Revenue Service. In addition, if deemed necessary for |
proper financial oversight of the charter school, an authorizer | ||
may require quarterly financial statements from each charter | ||
school.
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(g) A charter school shall comply with all provisions of | ||
this Article, the Illinois Educational Labor Relations Act, all | ||
federal and State laws and rules applicable to public schools | ||
that pertain to special education and the instruction of | ||
English learners, and
its charter. A charter
school is exempt | ||
from all other State laws and regulations in this Code
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governing public
schools and local school board policies; | ||
however, a charter school is not exempt from the following:
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(1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||
criminal
history records checks and checks of the Statewide | ||
Sex Offender Database and Statewide Murderer and Violent | ||
Offender Against Youth Database of applicants for | ||
employment;
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||
34-84a of this Code regarding discipline of
students;
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(3) the Local Governmental and Governmental Employees | ||
Tort Immunity Act;
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(4) Section 108.75 of the General Not For Profit | ||
Corporation Act of 1986
regarding indemnification of | ||
officers, directors, employees, and agents;
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(5) the Abused and Neglected Child Reporting Act;
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(5.5) subsection (b) of Section 10-23.12 and | ||
subsection (b) of Section 34-18.6 of this Code; |
(6) the Illinois School Student Records Act;
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(7) Section 10-17a of this Code regarding school report | ||
cards;
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(8) the P-20 Longitudinal Education Data System Act; | ||
(9) Section 27-23.7 of this Code regarding bullying | ||
prevention; | ||
(10) Section 2-3.162 of this Code regarding student | ||
discipline reporting; | ||
(11) Sections 22-80 and 27-8.1 of this Code; | ||
(12) Sections 10-20.60 and 34-18.53 of this Code; | ||
(13) Sections 10-20.63 and 34-18.56 of this Code; and | ||
(14) Section 26-18 of this Code; and | ||
(15) Section 22-30 of this Code. | ||
The change made by Public Act 96-104 to this subsection (g) | ||
is declaratory of existing law. | ||
(h) A charter school may negotiate and contract with a | ||
school district, the
governing body of a State college or | ||
university or public community college, or
any other public or | ||
for-profit or nonprofit private entity for: (i) the use
of a | ||
school building and grounds or any other real property or | ||
facilities that
the charter school desires to use or convert | ||
for use as a charter school site,
(ii) the operation and | ||
maintenance thereof, and
(iii) the provision of any service, | ||
activity, or undertaking that the charter
school is required to | ||
perform in order to carry out the terms of its charter.
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However, a charter school
that is established on
or
after April |
16, 2003 (the effective date of Public Act 93-3) and that | ||
operates
in a city having a population exceeding
500,000 may | ||
not contract with a for-profit entity to
manage or operate the | ||
school during the period that commences on April 16, 2003 (the
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effective date of Public Act 93-3) and
concludes at the end of | ||
the 2004-2005 school year.
Except as provided in subsection (i) | ||
of this Section, a school district may
charge a charter school | ||
reasonable rent for the use of the district's
buildings, | ||
grounds, and facilities. Any services for which a charter | ||
school
contracts
with a school district shall be provided by | ||
the district at cost. Any services
for which a charter school | ||
contracts with a local school board or with the
governing body | ||
of a State college or university or public community college
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shall be provided by the public entity at cost.
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(i) In no event shall a charter school that is established | ||
by converting an
existing school or attendance center to | ||
charter school status be required to
pay rent for space
that is | ||
deemed available, as negotiated and provided in the charter | ||
agreement,
in school district
facilities. However, all other | ||
costs for the operation and maintenance of
school district | ||
facilities that are used by the charter school shall be subject
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to negotiation between
the charter school and the local school | ||
board and shall be set forth in the
charter.
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(j) A charter school may limit student enrollment by age or | ||
grade level.
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(k) If the charter school is approved by the State Board or |
Commission, then the Commission charter school is its own local | ||
education agency. | ||
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | ||
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | ||
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | ||
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | ||
1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, | ||
eff. 8-14-18; revised 10-5-18.)
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(105 ILCS 5/27A-6.5)
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Sec. 27A-6.5. Charter school referendum.
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(a) No charter shall go into effect under this Section that | ||
would convert any
existing private, parochial, or non-public | ||
school to a charter school or whose
proposal has not been
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certified by the State Board.
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(b) A local school board shall, whenever petitioned to do | ||
so by 5% or more
of
the
voters of a school district or | ||
districts identified in a charter school
proposal, order | ||
submitted to the voters thereof at a
regularly scheduled
| ||
election the question of whether a new charter school shall be | ||
established,
which
proposal
has been found by the State Board | ||
Commission to be in compliance with the
provisions of this | ||
Article,
and the secretary shall certify the proposition to the | ||
proper election
authorities
for submission in accordance with | ||
the general election law. The proposition
shall be in
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substantially the following form:
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"FOR the establishment of (name of proposed charter | ||
school) under charter
school proposal (charter school | ||
proposal number).
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AGAINST the establishment of (name of proposed charter | ||
school) under
charter
school proposal (charter school | ||
proposal number)".
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(c) Before circulating a petition to submit the question of | ||
whether to
establish a charter school to the voters under | ||
subsection (b) of this Section,
the governing body of a
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proposed charter
school
that desires to establish a
new charter
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school by referendum shall submit the charter school proposal | ||
to
the State Board Commission
in the form of a proposed | ||
contract to be entered into
between the State Board Commission
| ||
and the governing body of the proposed charter school, together | ||
with written notice of the intent to have
a new charter school | ||
established by referendum.
The contract shall comply with the | ||
provisions of this Article.
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If the State Board Commission finds that the proposed | ||
contract complies with the
provisions
of this Article, it
shall
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immediately
direct the
local school board to notify the proper
| ||
election authorities that the question of whether to establish | ||
a new charter
school
shall be submitted for referendum.
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(d) If the State Board Commission finds that the proposal | ||
fails to comply with the
provisions of this Article, it shall | ||
provide
written explanation, detailing its reasons for | ||
refusal, to the local school
board and
to the individuals or |
organizations submitting the proposal. The State Board | ||
Commission shall also notify the local school board and the | ||
individuals or
organizations submitting the proposal that the | ||
proposal may be amended and
resubmitted under the same | ||
provisions required for an original submission.
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(e) If a majority of the votes cast upon the proposition in | ||
each school
district designated in the charter school proposal | ||
is in favor of
establishing
a charter school, the local school | ||
board shall notify the State Board and the Commission of
the
| ||
passage of
the proposition in favor of establishing a charter | ||
school and the State Board Commission
shall approve the charter | ||
within 7 days
after
the State Board of Elections has certified | ||
that a
majority
of the votes cast upon the proposition is in | ||
favor of establishing a charter
school. The State Board | ||
Commission shall be the chartering entity for charter
schools | ||
established by referendum under this Section. | ||
(f) (Blank). The State Board shall determine whether the | ||
charter proposal approved by the Commission is consistent with | ||
the provisions of this Article and, if the approved proposal | ||
complies, certify the proposal pursuant to this Article.
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(Source: P.A. 98-739, eff. 7-16-14.)
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(105 ILCS 5/27A-7.5) | ||
Sec. 27A-7.5. State Charter School Commission ; abolition | ||
and transfer to State Board . | ||
(a) A State Charter School Commission is established as an |
independent commission with statewide chartering jurisdiction | ||
and authority. The Commission shall be under the State Board | ||
for administrative purposes only. | ||
(a-5) The State Board shall provide administrative support | ||
to the Commission as needed. | ||
(b) The Commission is responsible for authorizing | ||
high-quality charter schools throughout this State, | ||
particularly schools designed to expand opportunities for | ||
at-risk students, consistent with the purposes of this Article. | ||
(c) The Commission shall consist of 9 members, appointed by | ||
the State Board. The State Board shall make these appointments | ||
from a slate of candidates proposed by the Governor, within 60 | ||
days after the effective date of this amendatory Act of the | ||
97th General Assembly with respect to the initial Commission | ||
members. In making the appointments, the State Board shall | ||
ensure statewide geographic diversity among Commission | ||
members. The Governor shall propose a slate of candidates to | ||
the State Board within 60 days after the effective date of this | ||
amendatory Act of the 97th General Assembly and 60 days prior | ||
to the expiration of the term of a member thereafter. If the | ||
Governor fails to timely propose a slate of candidates | ||
according to the provisions of this subsection (c), then the | ||
State Board may appoint the member or members of the | ||
Commission. | ||
(d) Members appointed to the Commission shall collectively | ||
possess strong experience and expertise in public and nonprofit |
governance, management and finance, public school leadership, | ||
higher education, assessments, curriculum and instruction, and | ||
public education law. All members of the Commission shall have | ||
demonstrated understanding of and a commitment to public | ||
education, including without limitation charter schooling. At | ||
least 3 members must have past experience with urban charter | ||
schools. | ||
(e) To establish staggered terms of office, the initial | ||
term of office for 3 Commission members shall be 4 years and | ||
thereafter shall be 4 years; the initial term of office for | ||
another 3 members shall be 3 years and thereafter shall be 4 | ||
years; and the initial term of office for the remaining 3 | ||
members shall be 2 years and thereafter shall be 4 years. The | ||
initial appointments must be made no later than October 1, | ||
2011. | ||
(f) Whenever a vacancy on the Commission exists, the State | ||
Board shall appoint a member for the remaining portion of the | ||
term. | ||
(g) Subject to the State Officials and Employees Ethics | ||
Act, the Commission is authorized to receive and expend gifts, | ||
grants, and donations of any kind from any public or private | ||
entity to carry out the purposes of this Article, subject to | ||
the terms and conditions under which they are given, provided | ||
that all such terms and conditions are permissible under law. | ||
Funds received under this subsection (g) must be deposited into | ||
the State Charter School Commission Fund. |
The State Charter School Commission Fund is created as a | ||
special fund in the State treasury. Until July 1, 2020, all All | ||
money in the Fund shall be used, subject to appropriation, by | ||
the State Board, acting on behalf and with the consent of the | ||
Commission, for operational and administrative costs of the | ||
Commission. Beginning on July 1, 2020 through August 31, 2020, | ||
all money in the Fund shall be used, subject to appropriation, | ||
by the State Board for operational and administrative costs. On | ||
September 1, 2020, or as soon thereafter as practicable, in | ||
consultation with the State Board, the State Comptroller shall | ||
order transferred and the State Treasurer shall transfer all | ||
money in the State Charter School Commission Fund to the State | ||
Board of Education Special Purpose Trust Fund. | ||
Subject to appropriation, any funds appropriated for use by | ||
the State Board, acting on behalf and with the consent of the | ||
Commission, may be used for the following purposes, without | ||
limitation: personal services, contractual services, and other | ||
operational and administrative costs. The State Board is | ||
further authorized to make expenditures with respect to any | ||
other amounts deposited in accordance with law into the State | ||
Charter School Commission Fund. | ||
(g-5) Funds or spending authority for the operation and | ||
administrative costs of the Commission shall be appropriated to | ||
the State Board in a separate line item. The State | ||
Superintendent of Education may not reduce or modify the budget | ||
of the Commission or use funds appropriated to the Commission |
without the approval of the Commission. | ||
(h) The Commission shall operate with dedicated resources | ||
and staff qualified to execute the day-to-day responsibilities | ||
of charter school authorizing in accordance with this Article. | ||
The Commission may employ and fix the compensation of such | ||
employees and technical assistants as it deems necessary to | ||
carry out its powers and duties under this Article, without | ||
regard to the requirements of any civil service or personnel | ||
statute; and may establish and administer standards of | ||
classification of all such persons with respect to their | ||
compensation, duties, performance, and tenure and enter into | ||
contracts of employment with such persons for such periods and | ||
on such terms as the Commission deems desirable. | ||
(i) (Blank). Every 2 years, the Commission shall provide to | ||
the State Board and local school boards a report on best | ||
practices in charter school authorizing, including without | ||
limitation evaluating applications, oversight of charters, and | ||
renewal of charter schools. | ||
(j) Until July 1, 2020, the The Commission may charge a | ||
charter school that it authorizes a fee, not to exceed 3% of | ||
the revenue provided to the school, to cover the cost of | ||
undertaking the ongoing administrative responsibilities of the | ||
eligible chartering authority with respect to the school. This | ||
fee must be deposited into the State Charter School Commission | ||
Fund. | ||
Beginning on July 1, 2020, the State Board of Education may |
charge a charter school that it authorizes a fee not to exceed | ||
3% of the revenue provided to the school to be used exclusively | ||
for covering the cost of authorizing activities. Authorizing | ||
activities may include, but are not limited to: (i) soliciting, | ||
reviewing, and taking action on charter school proposals; (ii) | ||
hiring, training, and supervising staff engaged in authorizing | ||
activities; (iii) developing and conducting oversight, | ||
including regular monitoring, of authorized charter schools; | ||
(iv) reporting on best practices and performances of charter | ||
schools; (v) applying for, managing, and distributing grants | ||
and funds appropriated for charter schools and authorizing | ||
activities; (vi) training members of the State Board on their | ||
authorizing roles; and (vii) training other employees of the | ||
State Board on how to work with charter schools as their own | ||
local education agencies. | ||
(k) On July 1, 2020, the State Charter School Commission is | ||
abolished and the terms of all members end. On that date, all | ||
of the powers, duties, assets, liabilities, contracts, | ||
property, records, and pending business of the Commission are | ||
transferred to the State Board. For purposes of the Successor | ||
Agency Act and Section 9b of the State Finance Act, the State | ||
Board is declared to be the successor agency of the Commission. | ||
Beginning on July 1, 2020, references in statutes, rules, | ||
forms, and other documents to the Commission shall, in | ||
appropriate contexts, be deemed to refer to the State Board. | ||
Standards and procedures of the Commission in effect on July 1, |
2020 shall be deemed standards and procedures of the State | ||
Board and shall remain in effect until amended or repealed by | ||
the State Board. | ||
Beginning on the effective date of this amendatory Act of | ||
the 101st General Assembly, the Commission may not enter into | ||
or renew a contract, other than a charter renewal, that expires | ||
after July 1, 2020. | ||
On July 1, 2020, any (k) Any charter school authorized by | ||
the State Charter School Commission State Board prior to July | ||
1, 2020 this amendatory Act of the 97th General Assembly shall | ||
have its authorization transferred to the Commission upon a | ||
vote of the State Board, which shall then become the school's | ||
authorizer for all purposes under this Article. On July 1, 2020 | ||
However, in no case shall such transfer take place later than | ||
July 1, 2012. At this time , all of the powers, duties, assets, | ||
liabilities, contracts, property, records, and pending | ||
business of the State Charter School Commission State Board as | ||
the school's authorizer must be transferred to the State Board | ||
Commission . Any charter school authorized by a local school | ||
board or boards may seek transfer of authorization to the | ||
Commission during its current term only with the approval of | ||
the local school board or boards. At the end of its charter | ||
term, a charter school may authorized by a local school board | ||
or boards must reapply to the board or boards for authorization | ||
before it may apply for authorization to the Commission under | ||
the terms of this amendatory Act of the 97th General Assembly . |
On July 1, 2020 the effective date of this amendatory Act | ||
of the 97th General Assembly , all rules of the State Board | ||
applicable to matters falling within the responsibility of the | ||
State Charter School Commission shall be applicable to the | ||
actions of the State Board Commission . The Commission shall | ||
thereafter have the authority to propose to the State Board | ||
modifications to all rules applicable to matters falling within | ||
the responsibility of the Commission. The State Board shall | ||
retain rulemaking authority for the Commission, but shall work | ||
jointly with the Commission on any proposed modifications. Upon | ||
recommendation of proposed rule modifications by the | ||
Commission and pursuant to the Illinois Administrative | ||
Procedure Act, the State Board shall consider such changes | ||
within the intent of this amendatory Act of the 97th General | ||
Assembly and grant any and all changes consistent with that | ||
intent. | ||
(l) The Commission shall have the responsibility to | ||
consider appeals under this Article immediately upon | ||
appointment of the initial members of the Commission under | ||
subsection (c) of this Section. Appeals pending at the time of | ||
initial appointment shall be determined by the Commission; the | ||
Commission may extend the time for review as necessary for | ||
thorough review, but in no case shall the extension exceed the | ||
time that would have been available had the appeal been | ||
submitted to the Commission on the date of appointment of its | ||
initial members. In any appeal filed with the Commission under |
this Article, both the applicant and the school district in | ||
which the charter school plans to locate shall have the right | ||
to request a hearing before the Commission. If more than one | ||
entity requests a hearing, then the Commission may hold only | ||
one hearing, wherein the applicant and the school district | ||
shall have an equal opportunity to present their respective | ||
positions.
| ||
(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11; | ||
97-1156, eff. 1-25-13.) | ||
(105 ILCS 5/27A-7.10) | ||
Sec. 27A-7.10. Authorizer powers and duties; immunity; | ||
principles and standards. | ||
(a) Authorizers are responsible for executing, in | ||
accordance with this Article, all of the following powers and | ||
duties: | ||
(1) Soliciting and evaluating charter applications. | ||
(2) Approving quality charter applications that meet | ||
identified educational needs and promote a diversity of | ||
educational choices. | ||
(3) Declining to approve weak or inadequate charter | ||
applications. | ||
(4) Negotiating and executing sound charter contracts | ||
with each approved charter school. | ||
(5) Monitoring, in accordance with charter contract | ||
terms, the performance and legal compliance of charter |
schools. | ||
(6) Determining whether each charter contract merits | ||
renewal, nonrenewal, or revocation. | ||
(b) An authorizing entity may delegate its duties to | ||
officers, employees, and contractors. | ||
(c) Regulation by authorizers is limited to the powers and | ||
duties set forth in subsection (a) of this Section and must be | ||
consistent with the spirit and intent of this Article. | ||
(d) An authorizing entity, members of the local school | ||
board, or the State Board, and the Commission, in their | ||
official capacity, and employees of an authorizer are immune | ||
from civil and criminal liability with respect to all | ||
activities related to a charter school that they authorize, | ||
except for willful or wanton misconduct. | ||
(e) The State Board, the Commission , and all local school | ||
boards that have a charter school operating are required to | ||
develop and maintain chartering policies and practices | ||
consistent with recognized principles and standards for | ||
quality charter authorizing in all major areas of authorizing | ||
responsibility, including all of the following: | ||
(1) Organizational capacity and infrastructure. | ||
(2) Soliciting and evaluating charter applications if | ||
applicable . | ||
(3) Performance contracting. | ||
(4) Ongoing charter school oversight and evaluation. | ||
(5) Charter renewal decision-making. |
Authorizers shall carry out all their duties under this | ||
Article in a manner consistent with nationally recognized | ||
principles and standards and with the spirit and intent of this | ||
Article.
| ||
(Source: P.A. 97-152, eff. 7-20-11.)
| ||
(105 ILCS 5/27A-8)
| ||
Sec. 27A-8. Evaluation of charter proposals.
| ||
(a) This Section does not apply to a charter school | ||
established by
referendum under
Section 27A-6.5.
In evaluating | ||
any charter
school proposal submitted to it, the local school | ||
board and the Commission shall give preference
to proposals | ||
that:
| ||
(1) demonstrate a high level of local pupil, parental, | ||
community,
business, and school personnel support;
| ||
(2) set rigorous levels of expected pupil achievement | ||
and demonstrate
feasible plans for attaining those levels | ||
of achievement; and
| ||
(3) are designed to enroll and serve a substantial | ||
proportion of at-risk
children; provided that nothing in | ||
the Charter Schools Law shall be construed
as intended to
| ||
limit the establishment of charter schools to those that | ||
serve a substantial
portion of at-risk children or to in | ||
any manner restrict, limit, or discourage
the
| ||
establishment of charter schools that enroll and serve | ||
other pupil populations
under a nonexclusive, |
nondiscriminatory admissions policy.
| ||
(b) In the case of a proposal to establish a charter school | ||
by converting an
existing public school or attendance center to | ||
charter school status, evidence
that the proposed formation of | ||
the charter school has received majority support
from certified | ||
teachers and from parents and guardians in the school or
| ||
attendance center affected by the proposed charter, and, if | ||
applicable, from a
local school council, shall be demonstrated | ||
by a petition in support of the
charter school signed by | ||
certified teachers and a petition in support of the
charter | ||
school signed by parents and guardians and, if applicable, by a | ||
vote of
the local school council held at a public meeting. In | ||
the case of all other
proposals to establish a charter school, | ||
evidence of sufficient support to fill
the number of pupil | ||
seats set forth in the proposal may be
demonstrated by a
| ||
petition in support of the charter school signed by parents and | ||
guardians of
students eligible to attend the charter school.
In | ||
all cases, the individuals, organizations, or entities who | ||
initiate
the proposal to establish a charter school may elect, | ||
in lieu of including any
petition referred to in this | ||
subsection as a part of the proposal submitted to
the local | ||
school board, to demonstrate that the charter school has
| ||
received the support referred to in this subsection by other | ||
evidence and
information presented at the public meeting that | ||
the local school board is
required to convene under this | ||
Section.
|
(c) Within 45 days of receipt of a charter school proposal, | ||
the local school
board shall convene a public meeting to obtain | ||
information to assist the board
in its decision to grant or | ||
deny the charter school proposal. A local school board may | ||
develop its own process for receiving charter school proposals | ||
on an annual basis that follows the same timeframes as set | ||
forth in this Article. Final decisions of a local school board | ||
are subject to judicial review under the Administrative Review | ||
Law. Only after the local school board process is followed may | ||
a charter school applicant appeal to the Commission.
| ||
(d) Notice of the public meeting required by this Section | ||
shall be published
in a community newspaper published in the | ||
school district in which the proposed
charter is located and, | ||
if there is no such newspaper, then in a newspaper
published in | ||
the county and having circulation in the school district. The
| ||
notices shall be published not more than 10 days nor less than | ||
5 days before
the meeting and shall state that information | ||
regarding a charter school
proposal will be heard at the | ||
meeting. Copies of the notice shall also be
posted at | ||
appropriate locations in the school or attendance center | ||
proposed to
be established as a charter school, the public | ||
schools in the school district,
and the local school board | ||
office. If 45 days pass without the local school board holding | ||
a public meeting, then the charter applicant may submit the | ||
proposal to the Commission, where it must be addressed in | ||
accordance with the provisions set forth in subsection (g) of |
this Section.
| ||
(e) Within 30 days of the public meeting, the local school | ||
board shall vote,
in a public meeting, to either grant or deny | ||
the charter school proposal. If the local school board has not | ||
voted in a public meeting within 30 days after the public | ||
meeting, then the charter applicant may submit the proposal to | ||
the Commission, where it must be addressed in accordance with | ||
the provisions set forth in subsection (g) of this Section.
| ||
(f) Within 7 days of the public meeting required under | ||
subsection (e) of this Section, the
local school board shall | ||
file a report with the State Board
granting or denying the | ||
proposal.
If the local school board has approved the proposal, | ||
within 30 days of receipt of the local school board's
report, | ||
the State Board shall determine whether the approved charter
| ||
proposal is consistent with the
provisions of this Article and, | ||
if the approved proposal
complies,
certify the proposal | ||
pursuant to Section 27A-6.
| ||
(g) (Blank). If the local school board votes to deny the | ||
proposal, then the charter school applicant has 30 days from | ||
the date of that vote to submit an appeal to the Commission. In | ||
such instances or in those instances referenced in subsections | ||
(d) and (e) of this Section, the Commission shall follow the | ||
same process and be subject to the same timelines for review as | ||
the local school board. | ||
(h) (Blank). The Commission may reverse a local school | ||
board's decision to deny a charter school proposal if the |
Commission finds that the proposal (i) is in compliance with | ||
this Article and (ii) is in the best interests of the students | ||
the charter school is designed to serve. Final decisions of the | ||
Commission are subject to judicial review under the | ||
Administrative Review Law. | ||
(i) (Blank). In the case of a charter school proposed to be | ||
jointly authorized by 2 or more school districts, the local | ||
school boards may unanimously deny the charter school proposal | ||
with a statement that the local school boards are not opposed | ||
to the charter school, but that they yield to the Commission in | ||
light of the complexities of joint administration. | ||
(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09; | ||
96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
| ||
(105 ILCS 5/27A-9)
| ||
Sec. 27A-9. Term of charter; renewal.
| ||
(a) For charters granted before January 1, 2017 (the | ||
effective date of Public Act 99-840), a charter may be granted | ||
for a period not less than 5 and not
more than
10
school years. | ||
For charters granted on or after January 1, 2017 (the effective | ||
date of Public Act 99-840), a charter shall be granted for a | ||
period of 5
school years. For charters renewed before January | ||
1, 2017 (the effective date of Public Act 99-840), a charter | ||
may be renewed in incremental periods not to exceed
5
school | ||
years. For charters renewed on or after January 1, 2017 (the | ||
effective date of Public Act 99-840), a charter may be renewed |
in incremental periods not to exceed 10 school years; however, | ||
the State Board or Commission may renew a charter only in | ||
incremental periods not to exceed 5 years. Authorizers shall | ||
ensure that every charter granted on or after January 1, 2017 | ||
(the effective date of Public Act 99-840) includes standards | ||
and goals for academic, organizational, and financial | ||
performance. A charter must meet all standards and goals for | ||
academic, organizational, and financial performance set forth | ||
by the authorizer in order to be renewed for a term in excess | ||
of 5 years but not more than 10 years. If an authorizer fails | ||
to establish standards and goals, a charter shall not be | ||
renewed for a term in excess of 5 years. Nothing contained in | ||
this Section shall require an authorizer to grant a full | ||
10-year renewal term to any particular charter school, but an | ||
authorizer may award a full 10-year renewal term to charter | ||
schools that have a demonstrated track record of improving | ||
student performance.
| ||
(b) A charter school renewal proposal submitted to the
| ||
local school board or the State Board or Commission, as the | ||
chartering entity,
shall contain:
| ||
(1) A report on the progress of the charter school in | ||
achieving the goals,
objectives, pupil performance | ||
standards, content standards, and other terms of
the | ||
initial approved charter proposal; and
| ||
(2) A financial statement that discloses the costs of | ||
administration,
instruction, and other spending categories |
for the charter school that is
understandable to the | ||
general public and that will allow comparison of those
| ||
costs to other schools or other comparable organizations, | ||
in a format required
by the State Board.
| ||
(c) A charter may be revoked
or not renewed if the local | ||
school board or the State Board or Commission, as the | ||
chartering
entity,
clearly demonstrates that the
charter | ||
school did any of the
following, or otherwise failed to comply | ||
with the requirements of this law:
| ||
(1) Committed a material violation of any of the | ||
conditions, standards, or
procedures set forth in the | ||
charter.
| ||
(2) Failed to meet or make reasonable progress toward | ||
achievement of the
content standards or pupil performance | ||
standards identified in the charter.
| ||
(3) Failed to meet generally accepted standards of | ||
fiscal management.
| ||
(4) Violated any provision of law from which the | ||
charter school was not
exempted.
| ||
In the case of revocation, the local school board or the | ||
State Board or Commission, as the chartering entity, shall | ||
notify the charter school in writing of the reason why the | ||
charter is subject to revocation. The charter school shall | ||
submit a written plan to the local school board , the State | ||
Board, or the Commission, whichever is applicable, to rectify | ||
the problem. The plan shall include a timeline for |
implementation, which shall not exceed 2 years or the date of | ||
the charter's expiration, whichever is earlier. If the local | ||
school board or the State Board or Commission, as the | ||
chartering entity, finds that the charter school has failed to | ||
implement the plan of remediation and adhere to the timeline, | ||
then the chartering entity shall revoke the charter. Except in | ||
situations of an emergency where the health, safety, or | ||
education of the charter school's students is at risk, the | ||
revocation shall take place at the end of a school year. | ||
Nothing in Public Act 96-105 shall be construed to prohibit an | ||
implementation timetable that is less than 2 years in duration. | ||
No local school board may arbitrarily or capriciously revoke or | ||
not renew a charter. Except for extenuating circumstances | ||
outlined in this Section, if a local school board revokes or | ||
does not renew a charter, it must ensure that all students | ||
currently enrolled in the charter school are placed in schools | ||
that are higher performing than that charter school, as defined | ||
in the State's federal Every Student Succeeds Act | ||
accountability plan. In determining whether extenuating | ||
circumstances exist, a local school board must detail, by clear | ||
and convincing evidence, that factors unrelated to the charter | ||
school's accountability designation outweigh the charter | ||
school's academic performance. | ||
(d) (Blank).
| ||
(e) Notice of a local school board's decision to
deny, | ||
revoke, or not
renew a charter shall be provided to the |
Commission and the State Board.
Until July 1, 2020, the The | ||
Commission may reverse a local board's
decision
to not renew a | ||
charter if the Commission finds
that the charter school or | ||
charter school proposal (i) is in compliance with
this Article, | ||
and (ii) is in the best interests of the students it is | ||
designed
to serve.
The Commission may condition the granting of | ||
an appeal on the acceptance by
the charter school of funding in | ||
an amount less than that requested in the
proposal submitted to | ||
the local school board.
Final decisions of the Commission shall | ||
be subject
to judicial review under the Administrative Review | ||
Law. | ||
The State Board may reverse a local board's decision to | ||
revoke or, beginning on July 1, 2020, not renew a charter if | ||
the State Board finds
that the charter school or charter school | ||
proposal (i) is in compliance with
this Article and (ii) is in | ||
the best interests of the students it is designed
to serve.
The | ||
State Board may condition the granting of an appeal on the | ||
acceptance by
the charter school of funding in an amount less | ||
than that requested in the
proposal submitted to the local | ||
school board.
The State Board must appoint and utilize a | ||
hearing officer for any appeals conducted under this | ||
subsection. Final decisions of the State Board are subject
to | ||
judicial review under the Administrative Review Law.
| ||
(f) Notwithstanding other provisions of this Article, if | ||
the Commission
on appeal reverses a local board's decision
or | ||
if a charter school is
approved by referendum,
the Commission
|
shall act as the
authorized chartering entity for the charter | ||
school.
The Commission shall
approve the charter and shall | ||
perform all functions
under this
Article otherwise performed by | ||
the local school
board. The State Board shall determine whether | ||
the charter proposal approved by the Commission is consistent | ||
with the provisions of this Article and, if the approved | ||
proposal complies, certify the proposal pursuant to this | ||
Article. The State Board shall
report the aggregate number of | ||
charter school pupils resident in a school
district to that | ||
district
and shall notify the district
of the amount of
funding | ||
to be paid by the State Board to the charter school enrolling | ||
such
students.
The Commission shall require the
charter school | ||
to maintain accurate records of daily attendance that shall be
| ||
deemed sufficient to file claims under Section 18-8.05 or | ||
18-8.15 notwithstanding any
other requirements of that Section | ||
regarding hours of instruction and teacher
certification .
The | ||
State Board shall withhold from funds otherwise due the | ||
district
the funds authorized by this Article to be paid to the | ||
charter school and shall
pay such amounts to the charter | ||
school.
| ||
(g) For charter schools authorized by the Commission, the | ||
Commission shall quarterly certify to the State Board the | ||
student enrollment for each of its charter schools. | ||
(h) For charter schools authorized by the Commission, the | ||
State Board shall pay directly to a charter school any federal | ||
or State aid attributable to a student with a disability |
attending the school. | ||
(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17; | ||
100-465, eff. 8-31-17.)
| ||
(105 ILCS 5/27A-11.5) | ||
Sec. 27A-11.5. State financing. The State Board of | ||
Education shall make
the following funds available to school | ||
districts and charter schools: | ||
(1) From a separate appropriation made to the State | ||
Board for purposes
of this subdivision (1), the State Board | ||
shall make transition impact aid
available to school | ||
districts that approve a new charter school or that have
| ||
funds withheld by the State Board to fund a new charter | ||
school that is
chartered by the Commission. The amount of | ||
the aid shall equal 90% of the per
capita funding paid to | ||
the charter school during the first year of its initial
| ||
charter term, 65% of the per capita funding paid to the | ||
charter school during
the second year of its initial term, | ||
and 35% of the per capita funding paid to
the charter | ||
school during the third year of its initial term. This | ||
transition
impact aid shall be paid to the local school | ||
board in equal quarterly
installments, with the payment of | ||
the installment for the first quarter being
made by August | ||
1st immediately preceding the first, second, and third | ||
years of
the initial term. The district shall file an | ||
application for this aid with the
State Board in a format |
designated by the State Board. If the appropriation is
| ||
insufficient in any year to pay all approved claims, the | ||
impact aid shall be
prorated.
However, for fiscal year | ||
2004, the State Board of Education shall
pay approved | ||
claims only for charter schools with a valid charter | ||
granted
prior to June 1, 2003. If any funds remain after | ||
these claims have
been paid, then the State Board of | ||
Education may pay all other approved
claims on a pro rata | ||
basis.
Transition impact aid shall be paid beginning in the | ||
1999-2000
school year for charter schools that are in the | ||
first, second, or third year of
their initial term. | ||
Transition impact aid shall not be paid for any charter
| ||
school that is
proposed and created by one or more boards | ||
of education, as authorized under
the provisions of Public | ||
Act 91-405. | ||
(2) From a separate appropriation made for the purpose | ||
of this subdivision
(2), the State Board shall make grants | ||
to charter schools to pay their start-up
costs of acquiring | ||
educational materials and supplies, textbooks, electronic | ||
textbooks and the technological equipment necessary to | ||
gain access to and use electronic textbooks, furniture,
and | ||
other equipment or materials needed during their initial | ||
term. The State Board shall
annually establish the time and | ||
manner of application for these grants, which
shall not | ||
exceed $250 per student enrolled in the charter school. | ||
(3) The Charter Schools Revolving Loan Fund is created |
as a special
fund in the State treasury. Federal funds, | ||
such other funds as may be made
available for costs | ||
associated with the establishment of charter schools in
| ||
Illinois, and amounts repaid by charter schools that have | ||
received a loan from
the Charter Schools Revolving Loan | ||
Fund shall be deposited into the Charter
Schools Revolving | ||
Loan Fund, and the moneys in the Charter Schools Revolving
| ||
Loan Fund shall be appropriated to the State Board and used | ||
to provide
interest-free loans to charter schools. These | ||
funds shall be used to pay
start-up costs of acquiring | ||
educational materials and supplies, textbooks, electronic | ||
textbooks and the technological equipment necessary to | ||
gain access to and use electronic textbooks,
furniture, and | ||
other equipment or materials needed in the initial term of | ||
the charter school
and for acquiring and remodeling a | ||
suitable physical plant, within the initial
term of the | ||
charter school. Loans shall be limited to one loan per | ||
charter
school and shall not exceed $750 per student | ||
enrolled in the charter school. A
loan shall be repaid by | ||
the end of the initial term of the charter school.
The | ||
State Board may deduct amounts necessary to repay the loan | ||
from funds due
to the charter school or may require that | ||
the local school board that
authorized the charter school | ||
deduct such amounts from funds due the charter
school and | ||
remit these amounts to the State Board, provided that the | ||
local
school board shall not be responsible for repayment |
of the loan. The State
Board may use up to 3% of the | ||
appropriation to contract with a non-profit
entity to | ||
administer the loan program. | ||
(4) A charter school may apply for and receive, subject | ||
to the same
restrictions applicable to school districts, | ||
any grant administered by the
State Board that is available | ||
for school districts. | ||
If a charter school fails to make payments toward | ||
administrative costs, the State Board may withhold State funds | ||
from that school until it has made all payments for those | ||
costs. | ||
(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17 .)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|