TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER o: MISCELLANEOUS
PART 650 CHARTER SCHOOLS
SECTION 650.110 REVIEW OF APPEALS AND REQUESTS FOR CONSIDERATION; DECISION


 

Section 650.110  Review of Appeals and Requests for Consideration; Decision

 

a)         Within seven days after receiving an appeal or a request to consider due to a school board's inaction, the Commission shall inform each party (i.e., charter school applicant and school district) of the following:

 

1)         the time, date and location of the public meeting to hear the appeal or consider the request that is scheduled no later than 45 days after the Commission received the appeal or request for consideration;

 

2)         a notice provided to both parties that either party may provide a written request for an opportunity to make an oral presentation before the Commission during the public meeting at which the Commission shall hear the appeal or consider the request. This request shall be submitted no later than seven days prior to the date set for the meeting; and

 

3)         the time, date and location of any interviews the Commission may wish to schedule with the parties in advance of the public meeting. 

 

b)         When practicable, the Commission's designees (e.g., Commission staff, independent evaluators assigned by the Commission) shall conduct any interviews in the presence of both parties.  Unless otherwise required by Illinois law, the interviews shall not be open to the public.

 

c)         In addition to the timeline provided under subsection (a) of this Section, the Commission shall provide each party with a reminder notice at least five days in advance of the public meeting to be held to hear the appeal or consider the request.  A public meeting conducted under this subsection (c) shall comply with the Open Meetings Act [5 ILCS 120].

 

1)         If either party has requested an oral presentation, the Commission shall provide each party with an equal amount of time to make the oral presentation to the body and to respond to the Commission's questions. 

 

2)         The Commission shall reserve time at the public meeting to take testimony or comments from the public. 

 

3)         In so far as possible, the Commission shall hold the public meeting at or near the school district involved in the appeal or request for consideration.

 

d)         The Commission shall render a decision no later than 30 days after the conclusion of the public meeting and shall announce that decision either during the public meeting held to consider the appeal or request for consideration or during another publicly scheduled meeting held within the required 30-day timeline.

 

1)         In reviewing appeals or whether to grant a charter due to a school district's inaction, the Commission shall consider whether the charter proposal is in compliance with Article 27A of the School Code and is in the best interests of the students the charter school is designed to serve. (Section 27A-8(h) of the School Code)  In order to determine whether a proposal satisfies both prongs under Section 27A-8(h), the Commission shall conduct a de novo review of the proposal and the district's response.  Pursuant to this review, the Commission shall not give deference to any finding of fact or conclusion of law made by the local board of education with respect to the proposal or any information provided by the charter school applicant.

 

2)         If the appeal or request for consideration, as a matter of law, does not comply with the Charter Schools Law, or if the charter proposal is not in the best interest of the students, the Commission shall issue a final decision to the parties containing the Commission's reasons for denying the appeal or request for consideration.

 

3)         If the Commission finds that the charter school proposal complies with Article 27A of the School Code and is in the best interest of the students to be served, it shall issue a final decision to the parties containing the Commission's reasons for approving the appeal or request for consideration.

 

4)         A copy of any decision rendered pursuant to subsection (d)(2) or (d)(3) of this Section shall be provided to each party by certified mail within the timeline set forth in this subsection (d).

 

e)         The decision of the Commission is final unless reviewed under the Administrative Review Law [735 ILCS 5/Art. III], as provided in Section 27A-8(h) of the School Code.

 

(Source:  Added at 36 Ill. Reg. 14801, effective September 20, 2012)