Illinois General Assembly - Full Text of Public Act 098-1048
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Public Act 098-1048


 

Public Act 1048 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1048
 
SB3081 EnrolledLRB098 17510 NHT 52619 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
27A-6 and 27A-7 as follows:
 
    (105 ILCS 5/27A-6)
    Sec. 27A-6. Contract contents; applicability of laws and
regulations.
    (a) A certified charter shall constitute a binding contract
and agreement between the charter school and a local school
board under the terms of which the local school board
authorizes the governing body of the charter school to operate
the charter school on the terms specified in the contract.
    (b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter
school from the State goals, standards, and assessments
established pursuant to Section 2-3.64. Beginning with the
2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding
500,000 shall require the charter school to administer any
other nationally recognized standardized tests to its students
that the chartering entity administers to other students, and
the results on such tests shall be included in the chartering
entity's assessment reports.
    (c) Subject to the provisions of subsection (e), a material
revision to a previously certified contract or a renewal shall
be made with the approval of both the local school board and
the governing body of the charter school.
    (c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the contract.
    (d) The proposed contract between the governing body of a
proposed charter school and the local school board as described
in Section 27A-7 must be submitted to and certified by the
State Board before it can take effect. If the State Board
recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the
modifications must be consented to by both the governing body
of the charter school and the local school board, and
resubmitted to the State Board for its certification. If the
proposed contract is resubmitted in a form that is not
consistent with this Article, the State Board may refuse to
certify the charter.
    The State Board shall assign a number to each submission or
resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with the
provisions of this Article. If the proposed contract complies,
the State Board shall so certify.
    (e) No renewal of a previously certified contract is
effective unless and until the State Board certifies that the
renewal is consistent with the provisions of this Article. A
material revision to a previously certified contract may go
into effect immediately upon approval of both the local school
board and the governing body of the charter school, unless
either party requests in writing that the State Board certify
that the material revision is consistent with the provisions of
this Article. If such a request is made, the proposed material
revision is not effective unless and until the State Board so
certifies. No material revision to a previously certified
contract or a renewal shall be effective unless and until the
State Board certifies that the revision or renewal is
consistent with the provisions of this Article.
(Source: P.A. 93-3, eff. 4-16-03.)
 
    (105 ILCS 5/27A-7)
    Sec. 27A-7. Charter submission.
    (a) A proposal to establish a charter school shall be
submitted to the State Board and the local school board in the
form of a proposed contract entered into between the local
school board and the governing body of a proposed charter
school. The charter school proposal as submitted to the State
Board shall include:
        (1) The name of the proposed charter school, which must
    include the words "Charter School".
        (2) The age or grade range, areas of focus, minimum and
    maximum numbers of pupils to be enrolled in the charter
    school, and any other admission criteria that would be
    legal if used by a school district.
        (3) A description of and address for the physical plant
    in which the charter school will be located; provided that
    nothing in the Article shall be deemed to justify delaying
    or withholding favorable action on or approval of a charter
    school proposal because the building or buildings in which
    the charter school is to be located have not been acquired
    or rented at the time a charter school proposal is
    submitted or approved or a charter school contract is
    entered into or submitted for certification or certified,
    so long as the proposal or submission identifies and names
    at least 2 sites that are potentially available as a
    charter school facility by the time the charter school is
    to open.
        (4) The mission statement of the charter school, which
    must be consistent with the General Assembly's declared
    purposes; provided that nothing in this Article shall be
    construed to require that, in order to receive favorable
    consideration and approval, a charter school proposal
    demonstrate unequivocally that the charter school will be
    able to meet each of those declared purposes, it being the
    intention of the Charter Schools Law that those purposes be
    recognized as goals that charter schools must aspire to
    attain.
        (5) The goals, objectives, and pupil performance
    standards to be achieved by the charter school.
        (6) 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
    the approval of certified teachers, parents and guardians,
    and, if applicable, a local school council as provided in
    subsection (b) of Section 27A-8.
        (7) A description of the charter school's educational
    program, pupil performance standards, curriculum, school
    year, school days, and hours of operation.
        (8) A description of the charter school's plan for
    evaluating pupil performance, the types of assessments
    that will be used to measure pupil progress towards
    achievement of the school's pupil performance standards,
    the timeline for achievement of those standards, and the
    procedures for taking corrective action in the event that
    pupil performance at the charter school falls below those
    standards.
        (9) Evidence that the terms of the charter as proposed
    are economically sound for both the charter school and the
    school district, a proposed budget for the term of the
    charter, a description of the manner in which an annual
    audit of the financial and administrative operations of the
    charter school, including any services provided by the
    school district, are to be conducted, and a plan for the
    displacement of pupils, teachers, and other employees who
    will not attend or be employed in the charter school.
        (10) A description of the governance and operation of
    the charter school, including the nature and extent of
    parental, professional educator, and community involvement
    in the governance and operation of the charter school.
        (11) An explanation of the relationship that will exist
    between the charter school and its employees, including
    evidence that the terms and conditions of employment have
    been addressed with affected employees and their
    recognized representative, if any. However, a bargaining
    unit of charter school employees shall be separate and
    distinct from any bargaining units formed from employees of
    a school district in which the charter school is located.
        (12) An agreement between the parties regarding their
    respective legal liability and applicable insurance
    coverage.
        (13) A description of how the charter school plans to
    meet the transportation needs of its pupils, and a plan for
    addressing the transportation needs of low-income and
    at-risk pupils.
        (14) The proposed effective date and term of the
    charter; provided that the first day of the first academic
    year and the first day of the fiscal year shall be no
    earlier than August 15 and no later than September 15 of a
    calendar year, and the first day of the fiscal year shall
    be July 1.
        (15) Any other information reasonably required by the
    State Board of Education.
    (b) A proposal to establish a charter school may be
initiated by individuals or organizations that will have
majority representation on the board of directors or other
governing body of the corporation or other discrete legal
entity that is to be established to operate the proposed
charter school, by a board of education or an intergovernmental
agreement between or among boards of education, or by the board
of directors or other governing body of a discrete legal entity
already existing or established to operate the proposed charter
school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators,
local school councils, colleges or universities or their
faculty members, public community colleges or their
instructors or other representatives, corporations, or other
entities or their representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for development of a proposed contract to be
submitted to the State Board for certification under Section
27A-6.
    (c) The local school board may not without the consent of
the governing body of the charter school condition its approval
of a charter school proposal on acceptance of an agreement to
operate under State laws and regulations and local school board
policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
 
    Section 99. Effective date. This Act takes effect July 1,
2014.

Effective Date: 8/25/2014