Sen. Kimberly A. Lightford

Filed: 5/9/2014

 

 


 

 


 
09800HB3754sam001LRB098 14418 NHT 59336 a

1
AMENDMENT TO HOUSE BILL 3754

2    AMENDMENT NO. ______. Amend House Bill 3754 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by changing
5Section 5.796 as follows:
 
6    (30 ILCS 105/5.796)
7    Sec. 5.796. The State Board Charter Appeal and Charter
8Authorization Charter School Commission Fund.
9(Source: P.A. 97-152, eff. 7-20-11; 97-813, eff. 7-13-12.)
 
10    Section 10. The School Code is amended by changing Sections
1127A-3, 27A-5, 27A-7.5, 27A-7.10, 27A-8, 27A-9, and 27A-12 and
12by adding Sections 27A-9.5, 27A-9.10, and 27A-9.15 as follows:
 
13    (105 ILCS 5/27A-3)
14    Sec. 27A-3. Definitions. For purposes of this Article:

 

 

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1    "At-risk pupil" means a pupil who, because of physical,
2emotional, socioeconomic, or cultural factors, is less likely
3to succeed in a conventional educational environment.
4    "Authorizer" means either:
5        (1) a local school board that authorizes a district
6    charter school pursuant to Section 27A-8 of this Code; or
7        (2) the State Board acting pursuant to Section 27A-9.10
8    of this Code. an entity authorized under this Article to
9    review applications, decide whether to approve or reject
10    applications, enter into charter contracts with
11    applicants, oversee charter schools, and decide whether to
12    renew, not renew, or revoke a charter.
13    "Commission" means the State Charter School Commission
14established under Section 27A-7.5 of this Code.
15    "Local school board" means the duly elected or appointed
16school board or board of education of a public school district,
17including special charter districts and school districts
18located in cities having a population of more than 500,000,
19organized under the laws of this State.
20    "State Board" means the State Board of Education.
21(Source: P.A. 97-152, eff. 7-20-11.)
 
22    (105 ILCS 5/27A-5)
23    Sec. 27A-5. Charter school; legal entity; requirements.
24    (a) A charter school shall be a public, nonsectarian,
25nonreligious, non-home based, and non-profit school. A charter

 

 

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1school shall be organized and operated as a nonprofit
2corporation or other discrete, legal, nonprofit entity
3authorized under the laws of the State of Illinois.
4    (b) A charter school may be established under this Article
5by creating a new school or by converting an existing public
6school or attendance center to charter school status. Beginning
7on the effective date of this amendatory Act of the 93rd
8General Assembly, in all new applications submitted to the
9State Board or a local school board to establish a charter
10school in a city having a population exceeding 500,000,
11operation of the charter school shall be limited to one campus.
12The changes made to this Section by this amendatory Act of the
1393rd General Assembly do not apply to charter schools existing
14or approved on or before the effective date of this amendatory
15Act.
16    (b-5) In this subsection (b-5), "virtual-schooling" means
17the teaching of courses through online methods with online
18instructors, rather than the instructor and student being at
19the same physical location. "Virtual-schooling" includes
20without limitation instruction provided by full-time, online
21virtual schools.
22    From April 1, 2013 through April 1, 2014, there is a
23moratorium on the establishment of charter schools with
24virtual-schooling components in school districts other than a
25school district organized under Article 34 of this Code. This
26moratorium does not apply to a charter school with

 

 

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1virtual-schooling components existing or approved prior to
2April 1, 2013 or to the renewal of the charter of a charter
3school with virtual-schooling components already approved
4prior to April 1, 2013.
5    On or before March 1, 2014, the Commission shall submit to
6the General Assembly a report on the effect of
7virtual-schooling, including without limitation the effect on
8student performance, the costs associated with
9virtual-schooling, and issues with oversight. The report shall
10include policy recommendations for virtual-schooling.
11    (c) A charter school shall be administered and governed by
12its board of directors or other governing body in the manner
13provided in its charter. The governing body of a charter school
14shall be subject to the Freedom of Information Act and the Open
15Meetings Act.
16    (d) A charter school shall comply with all applicable
17health and safety requirements applicable to public schools
18under the laws of the State of Illinois.
19    (e) Except as otherwise provided in the School Code, a
20charter school shall not charge tuition; provided that a
21charter school may charge reasonable fees for textbooks,
22instructional materials, and student activities.
23    (f) A charter school shall be responsible for the
24management and operation of its fiscal affairs including, but
25not limited to, the preparation of its budget. An audit of each
26charter school's finances shall be conducted annually by an

 

 

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1outside, independent contractor retained by the charter
2school. Annually, by December 1, every charter school must
3submit to the State Board a copy of its audit and a copy of the
4Form 990 the charter school filed that year with the federal
5Internal Revenue Service.
6    (g) A charter school shall comply with all provisions of
7this Article, the Illinois Educational Labor Relations Act, and
8its charter. A charter school is exempt from all other State
9laws and regulations in the School Code governing public
10schools and local school board policies, except the following:
11        (1) Sections 10-21.9 and 34-18.5 of the School Code
12    regarding criminal history records checks and checks of the
13    Statewide Sex Offender Database and Statewide Murderer and
14    Violent Offender Against Youth Database of applicants for
15    employment;
16        (2) Sections 24-24 and 34-84A of the School Code
17    regarding discipline of students;
18        (3) The Local Governmental and Governmental Employees
19    Tort Immunity Act;
20        (4) Section 108.75 of the General Not For Profit
21    Corporation Act of 1986 regarding indemnification of
22    officers, directors, employees, and agents;
23        (5) The Abused and Neglected Child Reporting Act;
24        (6) The Illinois School Student Records Act;
25        (7) Section 10-17a of the School Code regarding school
26    report cards; and

 

 

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1        (8) The P-20 Longitudinal Education Data System Act.
2    The change made by Public Act 96-104 to this subsection (g)
3is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required to
13perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after the
15effective date of this amendatory Act of the 93rd General
16Assembly and that operates in a city having a population
17exceeding 500,000 may not contract with a for-profit entity to
18manage or operate the school during the period that commences
19on the effective date of this amendatory Act of the 93rd
20General Assembly and concludes at the end of the 2004-2005
21school year. Except as provided in subsection (i) of this
22Section, a school district may charge a charter school
23reasonable rent for the use of the district's buildings,
24grounds, and facilities. Any services for which a charter
25school contracts with a school district shall be provided by
26the district at cost. Any services for which a charter school

 

 

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1contracts with a local school board or with the governing body
2of a State college or university or public community college
3shall be provided by the public entity at cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be subject
11to negotiation between the charter school and the local school
12board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age or
14grade level.
15    (k) Any charter school overseen by the State Board in
16accordance with Section 27A-9.10 of this Code shall be regarded
17as If the charter school is approved by the Commission, then
18the Commission charter school is its own local education
19agency.
20(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
2197-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
 
22    (105 ILCS 5/27A-7.5)
23    Sec. 27A-7.5. State Charter School Commission abolished;
24transfer to the State Board.
25    (a) On the effective date of this amendatory Act of the

 

 

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198th General Assembly, the A State Charter School Commission is
2abolished and the terms of all members end. On that date, all
3of the powers, duties, assets, liabilities, contracts,
4property, records, and pending business of the Commission are
5transferred to the State Board. For purposes of the Successor
6Agency Act and Section 9b of the State Finance Act, the State
7Board is declared to be the successor agency of the Commission.
8Beginning on the effective date of this amendatory Act of the
998th General Assembly, references in statutes, rules, forms,
10and other documents to the Commission shall, in appropriate
11contexts, be deemed to refer to the State Board. Standards and
12procedures of the Commission pertaining to the review of
13charter school applications, charter school contracting and
14oversight, and decisions on whether to renew, not renew, or
15revoke a charter that are in effect on the effective date of
16this amendatory Act of the 98th General Assembly shall be
17deemed standards and procedures of the State Board and shall
18remain in effect until amended or repealed by the State Board.
19established as an independent commission with statewide
20chartering jurisdiction and authority. The Commission shall be
21under the State Board for administrative purposes only.
22    (a-5) (Blank). The State Board shall provide
23administrative support to the Commission as needed.
24    (b) (Blank). The Commission is responsible for authorizing
25high-quality charter schools throughout this State,
26particularly schools designed to expand opportunities for

 

 

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1at-risk students, consistent with the purposes of this Article.
2    (c) (Blank). The Commission shall consist of 9 members,
3appointed by the State Board. The State Board shall make these
4appointments from a slate of candidates proposed by the
5Governor, within 60 days after the effective date of this
6amendatory Act of the 97th General Assembly with respect to the
7initial Commission members. In making the appointments, the
8State Board shall ensure statewide geographic diversity among
9Commission members. The Governor shall propose a slate of
10candidates to the State Board within 60 days after the
11effective date of this amendatory Act of the 97th General
12Assembly and 60 days prior to the expiration of the term of a
13member thereafter. If the Governor fails to timely propose a
14slate of candidates according to the provisions of this
15subsection (c), then the State Board may appoint the member or
16members of the Commission.
17    (d) (Blank). Members appointed to the Commission shall
18collectively possess strong experience and expertise in public
19and nonprofit governance, management and finance, public
20school leadership, higher education, assessments, curriculum
21and instruction, and public education law. All members of the
22Commission shall have demonstrated understanding of and a
23commitment to public education, including without limitation
24charter schooling. At least 3 members must have past experience
25with urban charter schools.
26    (e) (Blank). To establish staggered terms of office, the

 

 

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1initial term of office for 3 Commission members shall be 4
2years and thereafter shall be 4 years; the initial term of
3office for another 3 members shall be 3 years and thereafter
4shall be 4 years; and the initial term of office for the
5remaining 3 members shall be 2 years and thereafter shall be 4
6years. The initial appointments must be made no later than
7October 1, 2011.
8    (f) (Blank). Whenever a vacancy on the Commission exists,
9the State Board shall appoint a member for the remaining
10portion of the term.
11    (g) On the effective date of this amendatory Act of the
1298th General Assembly, the Subject to the State Officials and
13Employees Ethics Act, the Commission is authorized to receive
14and expend gifts, grants, and donations of any kind from any
15public or private entity to carry out the purposes of this
16Article, subject to the terms and conditions under which they
17are given, provided that all such terms and conditions are
18permissible under law. Funds received under this subsection (g)
19must be deposited into the State Charter School Commission
20Fund. The State Charter School Commission Fund, is created as a
21special fund in the State treasury, is renamed the State Board
22Charter Appeal and Charter Authorization Fund. All money in the
23Fund shall thereafter be used, subject to appropriation, by the
24State Board, acting on behalf and with the consent of the
25Commission, for operational and administrative costs of the
26State Board incurred in carrying out the purposes of this

 

 

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1Article Commission. Any gift, grant, or donation of any kind
2made by any public or private entity to the State Charter
3School Commission that remains unexpended in the State Charter
4School Commission Fund on the day before the effective date of
5this amendatory Act of the 98th General Assembly must be
6returned to the participating public or private entity in
7accordance with the terms of the gift, grant, or donation.
8    Any fees collected by the State Board, acting pursuant to
9Section 27A-9.15 of this Code, from charter schools or charter
10school applicants must be deposited into the State Board
11Charter Appeal and Charter Authorization Fund, to be used
12Subject to appropriation, any funds appropriated for use by the
13State Board, acting on behalf and with the consent of the
14Commission, may be used for the following purposes, without
15limitation: personal services, contractual services, and other
16operational and administrative costs. The State Board is
17further authorized to make expenditures with respect to any
18other amounts deposited in accordance with law into the State
19Charter School Commission Fund.
20    (g-5) (Blank). Funds or spending authority for the
21operation and administrative costs of the Commission shall be
22appropriated to the State Board in a separate line item. The
23State Superintendent of Education may not reduce or modify the
24budget of the Commission or use funds appropriated to the
25Commission without the approval of the Commission.
26    (h) (Blank). The Commission shall operate with dedicated

 

 

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1resources and staff qualified to execute the day-to-day
2responsibilities of charter school authorizing in accordance
3with this Article. The Commission may employ and fix the
4compensation of such employees and technical assistants as it
5deems necessary to carry out its powers and duties under this
6Article, without regard to the requirements of any civil
7service or personnel statute; and may establish and administer
8standards of classification of all such persons with respect to
9their compensation, duties, performance, and tenure and enter
10into contracts of employment with such persons for such periods
11and on such terms as the Commission deems desirable.
12    (i) (Blank). Every 2 years, the Commission shall provide to
13the State Board and local school boards a report on best
14practices in charter school authorizing, including without
15limitation evaluating applications, oversight of charters, and
16renewal of charter schools.
17    (j) (Blank). The Commission may charge a charter school
18that it authorizes a fee, not to exceed 3% of the revenue
19provided to the school, to cover the cost of undertaking the
20ongoing administrative responsibilities of the eligible
21chartering authority with respect to the school. This fee must
22be deposited into the State Charter School Commission Fund.
23    (k) On the effective date of this amendatory Act of the
2498th General Assembly, any Any charter school authorized by the
25State Charter School Commission State Board prior to this
26amendatory Act of the 98th 97th General Assembly shall have its

 

 

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1authorization transferred to the Commission upon a vote of the
2State Board, which shall then become the school's authorizer
3for all purposes under this Article. However, in no case shall
4such transfer take place later than July 1, 2012. At this time,
5all of the powers, duties, assets, liabilities, contracts,
6property, records, and pending business of the State Charter
7School Commission State Board as the school's authorizer must
8be transferred to the State Board Commission. Any charter
9school authorized by a local school board or boards may seek
10transfer of authorization to the State Board Commission during
11its current term only with the approval of the local school
12board or boards. The charter school must submit a proposed
13agreement to the Charter School Appeal Board, where it must be
14addressed by that body in accordance with Section 27A-9.5 of
15this Code. At the end of its charter term, a charter school
16authorized by a local school board or boards must reapply to
17the board or boards before it may apply for authorization to
18the State Board Commission under the terms of this Article
19amendatory Act of the 97th General Assembly.
20    (k-5) On the effective date of this amendatory Act of the
2198th 97th General Assembly, all rules of the State Board
22applicable to matters falling within the responsibility of the
23State Charter School Commission shall be applicable to the
24actions of the State Board Commission. The Commission shall
25thereafter have the authority to propose to the State Board
26modifications to all rules applicable to matters falling within

 

 

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1the responsibility of the Commission. The State Board shall
2retain rulemaking authority for the Commission, but shall work
3jointly with the Commission on any proposed modifications. Upon
4recommendation of proposed rule modifications by the
5Commission and pursuant to the Illinois Administrative
6Procedure Act, the State Board shall consider such changes
7within the intent of this amendatory Act of the 97th General
8Assembly and grant any and all changes consistent with that
9intent.
10    (l) (Blank). The Commission shall have the responsibility
11to consider appeals under this Article immediately upon
12appointment of the initial members of the Commission under
13subsection (c) of this Section. Appeals pending at the time of
14initial appointment shall be determined by the Commission; the
15Commission may extend the time for review as necessary for
16thorough review, but in no case shall the extension exceed the
17time that would have been available had the appeal been
18submitted to the Commission on the date of appointment of its
19initial members. In any appeal filed with the Commission under
20this Article, both the applicant and the school district in
21which the charter school plans to locate shall have the right
22to request a hearing before the Commission. If more than one
23entity requests a hearing, then the Commission may hold only
24one hearing, wherein the applicant and the school district
25shall have an equal opportunity to present their respective
26positions.

 

 

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1(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
297-1156, eff. 1-25-13.)
 
3    (105 ILCS 5/27A-7.10)
4    Sec. 27A-7.10. Authorizer powers and duties; immunity;
5principles and standards.
6    (a) Authorizers are responsible for executing, in
7accordance with this Article, all of the following powers and
8duties:
9        (1) Evaluating all Soliciting and evaluating charter
10    applications in accordance with all timelines, rules, and
11    procedures set forth in this Article.
12        (2) Approving quality charter applications that meet
13    identified educational needs and promote a diversity of
14    educational choices.
15        (3) Declining to approve weak or inadequate charter
16    applications.
17        (4) Negotiating and executing sound charter contracts
18    with each approved charter school.
19        (5) Monitoring, in accordance with charter contract
20    terms, the performance and legal compliance of charter
21    schools.
22        (6) Determining whether each charter contract merits
23    renewal, nonrenewal, or revocation.
24    (b) An authorizing entity may delegate its duties to
25officers, employees, and contractors. This includes delegation

 

 

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1by the State Board of any of its duties related to charter
2school authorization work to the Charter School Appeal Board.
3    (c) Regulation by authorizers is limited to the powers and
4duties set forth in subsection (a) of this Section and must be
5consistent with the spirit and intent of this Article.
6    (d) An authorizing entity, members of the local school
7board, or the Charter School Appeal Board Commission, in their
8official capacity, and employees of an authorizer are immune
9from civil and criminal liability with respect to all
10activities related to a charter school that they authorize,
11except for willful or wanton misconduct.
12    (e) All The Commission and all local school boards that
13have a charter school operating are required to develop and
14maintain chartering policies and practices consistent with
15recognized principles and standards for quality charter
16authorizing in all major areas of authorizing responsibility,
17including all of the following:
18        (1) Organizational capacity and infrastructure.
19        (2) Soliciting and evaluating charter applications.
20        (3) Performance contracting.
21        (4) Ongoing charter school oversight and evaluation.
22        (5) Charter renewal decision-making.
23    Authorizers shall carry out all their duties under this
24Article in a manner consistent with nationally recognized
25principles and standards and with the spirit and intent of this
26Article.

 

 

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1(Source: P.A. 97-152, eff. 7-20-11.)
 
2    (105 ILCS 5/27A-8)
3    Sec. 27A-8. Evaluation of charter proposals.
4    (a) This Section does not apply to a charter school
5established by referendum under Section 27A-6.5. In evaluating
6any charter school proposal submitted to it, the local school
7board and the Charter School Appeal Board in accordance with
8Section 27A-9.5 of this Code Commission shall give preference
9to proposals that:
10        (1) demonstrate a high level of local pupil, parental,
11    community, business, and school personnel support;
12        (2) set rigorous levels of expected pupil achievement
13    and demonstrate feasible plans for attaining those levels
14    of achievement; and
15        (3) are designed to enroll and serve a substantial
16    proportion of at-risk children; provided that nothing in
17    the Charter Schools Law shall be construed as intended to
18    limit the establishment of charter schools to those that
19    serve a substantial portion of at-risk children or to in
20    any manner restrict, limit, or discourage the
21    establishment of charter schools that enroll and serve
22    other pupil populations under a nonexclusive,
23    nondiscriminatory admissions policy.
24    (b) In the case of a proposal to establish a charter school
25by converting an existing public school or attendance center to

 

 

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1charter school status, evidence that the proposed formation of
2the charter school has received majority support from certified
3teachers and from parents and guardians in the school or
4attendance center affected by the proposed charter, and, if
5applicable, from a local school council, shall be demonstrated
6by a petition in support of the charter school signed by
7certified teachers and a petition in support of the charter
8school signed by parents and guardians and, if applicable, by a
9vote of the local school council held at a public meeting. In
10the case of all other proposals to establish a charter school,
11evidence of sufficient support to fill the number of pupil
12seats set forth in the proposal may be demonstrated by a
13petition in support of the charter school signed by parents and
14guardians of students eligible to attend the charter school. In
15all cases, the individuals, organizations, or entities who
16initiate the proposal to establish a charter school may elect,
17in lieu of including any petition referred to in this
18subsection as a part of the proposal submitted to the local
19school board, to demonstrate that the charter school has
20received the support referred to in this subsection by other
21evidence and information presented at the public meeting that
22the local school board is required to convene under this
23Section.
24    (c) Within 45 days of receipt of a charter school proposal,
25the local school board shall convene a public meeting to obtain
26information to assist the board in its decision to grant or

 

 

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1deny the charter school proposal. A local school board may
2develop its own process for receiving charter school proposals
3on an annual basis that follows the same timeframes as set
4forth in this Article. Only after the local school board
5process is followed may a charter school applicant appeal to
6the Charter School Appeal Board, in accordance with Section
727A-9.5 of this Code Commission.
8    (d) Notice of the public meeting required by this Section
9shall be published in a community newspaper published in the
10school district in which the proposed charter is located and,
11if there is no such newspaper, then in a newspaper published in
12the county and having circulation in the school district. The
13notices shall be published not more than 10 days nor less than
145 days before the meeting and shall state that information
15regarding a charter school proposal will be heard at the
16meeting. Copies of the notice shall also be posted at
17appropriate locations in the school or attendance center
18proposed to be established as a charter school, the public
19schools in the school district, and the local school board
20office. If 45 days pass without the local school board holding
21a public meeting, then the charter applicant may submit the
22proposal to the Charter School Appeal Board Commission, where
23it must be addressed by that body in accordance with Section
2427A-9.5 of this Code in accordance with the provisions set
25forth in subsection (g) of this Section.
26    (e) Within 30 days of the public meeting, the local school

 

 

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1board shall vote, in a public meeting, to either grant or deny
2the charter school proposal. If the local school board has not
3voted in a public meeting within 30 days after the public
4meeting, then the charter applicant may submit the proposal to
5the Charter School Appeal Board Commission, where it must be
6addressed by that body in accordance with Section 27A-9.5 of
7this Code in accordance with the provisions set forth in
8subsection (g) of this Section.
9    (f) Within 7 days of the public meeting required under
10subsection (e) of this Section, the local school board shall
11file a report with the State Board granting or denying the
12proposal. If the local school board has approved the proposal,
13within 30 days of receipt of the local school board's report,
14the State Board shall determine whether the approved charter
15proposal is consistent with the provisions of this Article and,
16if the approved proposal complies, certify the proposal
17pursuant to Section 27A-6.
18    (g) If the local school board votes to deny the proposal,
19then the charter school applicant has 30 days from the date of
20that vote to submit an appeal to the Charter School Appeal
21Board, where it must be addressed by that body in accordance
22with Section 27A-9.5 of this Code. Commission. In such
23instances or in those instances referenced in subsections (d)
24and (e) of this Section, the Commission shall follow the same
25process and be subject to the same timelines for review as the
26local school board.

 

 

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1    (h) (Blank). The Commission may reverse a local school
2board's decision to deny a charter school proposal if the
3Commission finds that the proposal (i) is in compliance with
4this Article and (ii) is in the best interests of the students
5the charter school is designed to serve. Final decisions of the
6Commission are subject to judicial review under the
7Administrative Review Law.
8    (i) In the case of a charter school proposed to be jointly
9authorized by 2 or more school districts, the local school
10boards may unanimously deny the charter school proposal with a
11statement that the local school boards are not opposed to the
12charter school, but that they yield authorization authority to
13the State Board Commission in light of the complexities of
14joint administration. In such instances, the charter school
15must submit a proposed agreement to the Charter School Appeal
16Board, where it must be addressed by that body in accordance
17with Section 27A-9.5 of this Code.
18(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
1996-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
 
20    (105 ILCS 5/27A-9)
21    Sec. 27A-9. Term of charter; renewal.
22    (a) A charter may be granted for a period not less than 5
23and not more than 10 school years. A charter may be renewed in
24incremental periods not to exceed 5 school years.
25    (b) A charter school renewal proposal submitted to the

 

 

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1local school board or the State Board Commission, as the
2chartering entity, shall contain:
3        (1) A report on the progress of the charter school in
4    achieving the goals, objectives, pupil performance
5    standards, content standards, and other terms of the
6    initial approved charter proposal; and
7        (2) A financial statement that discloses the costs of
8    administration, instruction, and other spending categories
9    for the charter school that is understandable to the
10    general public and that will allow comparison of those
11    costs to other schools or other comparable organizations,
12    in a format required by the State Board.
13    (c) A charter may be revoked or not renewed if the local
14school board or the State Board Commission, as the chartering
15entity, clearly demonstrates that the charter school did any of
16the following, or otherwise failed to comply with the
17requirements of this law:
18        (1) Committed a material violation of any of the
19    conditions, standards, or procedures set forth in the
20    charter.
21        (2) Failed to meet or make reasonable progress toward
22    achievement of the content standards or pupil performance
23    standards identified in the charter.
24        (3) Failed to meet generally accepted standards of
25    fiscal management.
26        (4) Violated any provision of law from which the

 

 

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1    charter school was not exempted.
2    In the case of revocation, the local school board or the
3State Board Commission, as the chartering entity, shall notify
4the charter school in writing of the reason why the charter is
5subject to revocation. The charter school shall submit a
6written plan to the local school board or the State Board
7Commission, whichever is applicable, to rectify the problem.
8The plan shall include a timeline for implementation, which
9shall not exceed 2 years or the date of the charter's
10expiration, whichever is earlier. If the local school board or
11the State Board Commission, as the chartering entity, finds
12that the charter school has failed to implement the plan of
13remediation and adhere to the timeline, then the chartering
14entity shall revoke the charter. Except in situations of an
15emergency where the health, safety, or education of the charter
16school's students is at risk, the revocation shall take place
17at the end of a school year. Nothing in this amendatory Act of
18the 96th General Assembly shall be construed to prohibit an
19implementation timetable that is less than 2 years in duration.
20    (d) (Blank).
21    (d-5) A decision by the local school board or the State
22Board, as the chartering entity, to renew, not renew, or revoke
23a charter must be made by vote in a public meeting.
24    (d-10) If, in accordance with this Section, the local
25school board votes to revoke or not renew a charter, the
26charter school has 30 days from the date of the decision to

 

 

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1submit an appeal to the Charter School Appeal Board, where it
2must be addressed in accordance with Section 27A-9.5 of this
3Code.
4    (e) (Blank). Notice of a local school board's decision to
5deny, revoke or not to renew a charter shall be provided to the
6Commission and the State Board. The Commission may reverse a
7local board's decision if the Commission finds that the charter
8school or charter school proposal (i) is in compliance with
9this Article, and (ii) is in the best interests of the students
10it is designed to serve. The State Board may condition the
11granting of an appeal on the acceptance by the charter school
12of funding in an amount less than that requested in the
13proposal submitted to the local school board. Final decisions
14of the Commission shall be subject to judicial review under the
15Administrative Review Law.
16    (f) (Blank). Notwithstanding other provisions of this
17Article, if the Commission on appeal reverses a local board's
18decision or if a charter school is approved by referendum, the
19Commission shall act as the authorized chartering entity for
20the charter school. The Commission shall approve the charter
21and shall perform all functions under this Article otherwise
22performed by the local school board. The State Board shall
23determine whether the charter proposal approved by the
24Commission is consistent with the provisions of this Article
25and, if the approved proposal complies, certify the proposal
26pursuant to this Article. The State Board shall report the

 

 

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1aggregate number of charter school pupils resident in a school
2district to that district and shall notify the district of the
3amount of funding to be paid by the Commission to the charter
4school enrolling such students. The Commission shall require
5the charter school to maintain accurate records of daily
6attendance that shall be deemed sufficient to file claims under
7Section 18-8.05 notwithstanding any other requirements of that
8Section regarding hours of instruction and teacher
9certification. The State Board shall withhold from funds
10otherwise due the district the funds authorized by this Article
11to be paid to the charter school and shall pay such amounts to
12the charter school.
13    (g) (Blank). For charter schools authorized by the
14Commission, the Commission shall quarterly certify to the State
15Board the student enrollment for each of its charter schools.
16    (h) (Blank). For charter schools authorized by the
17Commission, the State Board shall pay directly to a charter
18school any federal or State aid attributable to a student with
19a disability attending the school.
20(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
 
21    (105 ILCS 5/27A-9.5 new)
22    Sec. 27A-9.5. Charter School Appeal Board.
23    (a) To address charter school proposals that were not
24addressed by a local school board within the timelines
25established in Section 27A-8 of this Code and to address

 

 

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1appeals of a local school board's decision to deny, revoke, or
2not renew a charter school, there is created a Charter School
3Appeal Board within the State Board. The Charter School Appeal
4Board shall be convened and staffed by the State Board. It
5shall consist of the State Superintendent of Education or a
6representative appointed by him or her, who shall serve as a
7non-voting, ex officio chairperson, and 9 additional members
8who are selected by the State Superintendent and are
9representative of the geographic, racial, ethnic, and cultural
10diversity of this State. The 9 members selected by the State
11Superintendent shall comprise the voting members of the Charter
12School Appeal Board.
13    All members of the Charter School Appeal Board must be
14selected within 60 days after the effective date of this
15amendatory Act of the 98th General Assembly. Members of the
16Charter School Appeal Board shall collectively possess,
17without limitation, strong experience and expertise in public
18and nonprofit governance, management, and finance, public
19school leadership, higher education, assessments, curriculum
20and instruction, and public education law. At least 3 members
21of the Charter School Appeal Board must have past experience
22with urban charter schools, at least one member of the Charter
23School Appeal Board must be experienced and knowledgeable
24relative to the provision of special education and related
25services for individuals with disabilities, and at least one
26member of the Charter School Appeal Board must be experienced

 

 

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1and knowledgeable related to the provision of English Language
2Learning programs and services. All members of the Charter
3School Appeal Board must have a demonstrated understanding of
4and a commitment to public education, including without
5limitation charter schooling.
6    (b) The initial term of each voting member of the Charter
7School Appeal Board shall begin on the date that the member is
8selected and shall terminate 2 years after the effective date
9of this amendatory Act of the 98th General Assembly.
10Thereafter, the regular term for each voting member of the
11Charter School Appeal Board is 2 years. Open seats shall be
12filled as follows:
13        (1) The State Superintendent shall select a member to
14    fill an expiring term of a voting member of the Charter
15    School Appeal Board not less than 30 days before the
16    expiration of that term.
17        (2) Whenever a vacancy occurs in the voting membership
18    of the Charter School Appeal Board due to death,
19    resignation, or otherwise, the State Superintendent shall
20    select a new member to fill that vacancy for the remaining
21    portion of the term. The State Superintendent shall make
22    the selection within 30 days after the effective date of
23    the vacancy.
24    (c) The State Superintendent shall select a secretary of
25the Charter School Appeal Board.
26    (d) The Charter School Appeal Board shall have the

 

 

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1responsibility to consider appeals under this Article
2immediately upon constitution, including any appeals pending
3before the State Charter School Commission on the effective
4date of this amendatory Act of the 98th General Assembly, and
5shall meet at least quarterly and for such other special
6meetings as may be necessary to carry out its duties.
7    (e) Notice of a local school board's decision to deny,
8revoke, or not renew a charter shall be provided to the Charter
9School Appeal Board and the State Board. The Charter School
10Appeal Board may approve a charter school proposal that was not
11addressed by a local school board within the timelines
12established in Section 27A-8 of this Code or may reverse a
13local school board's decision to deny, revoke, or not renew a
14charter if the Charter School Appeal Board finds that the
15charter school or charter school proposal (i) is in compliance
16with this Article and (ii) is in the best interests of the
17students it is designed to serve. In determining whether the
18proposal is in compliance with this Article, the Charter School
19Appeal Board shall consider whether the proposal addresses all
20of the requirements of subsection (a) of Section 27A-7 of this
21Code, including whether the terms of the charter as proposed
22are economically sound for both the charter school and the
23school district. The Charter School Appeal Board may condition
24the granting of an appeal on the acceptance by the charter
25school of funding in an amount less than that requested in the
26proposal submitted to the local school board.

 

 

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1    (f) The Charter School Appeal Board shall consider any
2appeal or request for consideration of a charter school
3proposal submitted in accordance with this Article at its next
4regularly scheduled meeting, provided that the next regularly
5scheduled meeting is no earlier than 45 days after receipt by
6the Charter School Appeal Board of the appeal or request for
7consideration. In all other cases, the Charter School Appeal
8Board shall consider the appeal or request for consideration at
9the regularly scheduled meeting that follows the next regularly
10scheduled meeting of the Charter School Appeal Board.
11    (g) The State Board shall have the power to reverse a
12decision of the Charter School Appeal Board within 90 days
13after the date of the vote of the Charter School Appeal Board.
14If the State Board does not act on a decision of the Charter
15School Appeal Board within 90 days after the date of the vote,
16the decision of the Charter School Appeal Board is considered
17final and is subject to judicial review under the
18Administrative Review Law. If the State Board overturns the
19decision of the Charter School Appeal Board within 90 days
20after the date of the vote, the decision of the State Board is
21considered final and is subject to judicial review under the
22Administrative Review Law.
23    (h) All records submitted to the Charter School Appeal
24Board or to the State Board for the purposes of its review of a
25charter school proposal and any written decision by the Charter
26School Appeal Board or by the State Board pertaining to a

 

 

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1charter school proposal are considered public records under the
2Freedom of Information Act and must be posted on the Internet
3website maintained by the State Board.
4    (i) The necessary expenses of the Charter School Appeal
5Board shall be provided through the State Board. The State
6Board, in consultation with the Charter School Appeal Board,
7may adopt such rules as may be necessary for the administration
8of this Article.
9    (j) The State Board shall review the operations of the
10Charter School Appeal Board and the effect of its charter
11school authorization work on the public school system. Not
12later than January 1, 2017, the State Board shall issue a
13report to the General Assembly and the Governor on its findings
14for the 2 previous years. The State Board's report shall
15include findings with respect to all of the following, without
16limitation:
17        (1) The capacity of the Charter School Appeal Board to
18    address charter school proposals and process charter
19    school appeals in accordance with this Article.
20        (2) The capacity of the State Board to act as the
21    authorized chartering entity for charter schools in
22    accordance with this Article.
23        (3) The need for a State appropriation to support the
24    work of the Charter School Appeal Board or the State Board
25    in carrying out its duties and functions under this
26    Article.

 

 

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1        (4) Whether charter schools or charter school
2    applicants were charged any fees by the State Board in
3    accordance with Section 27A-9.15 of this Code.
4        (5) Suggested changes in State law necessary to
5    strengthen charter school authorization at the State
6    level.
7    (k) The State Board may adopt rules to implement this
8Section.
 
9    (105 ILCS 5/27A-9.10 new)
10    Sec. 27A-9.10. Charter schools authorized by the State
11Board.
12    (a) Notwithstanding other provisions of this Article, the
13State Board shall act as the authorized chartering entity for
14all charter schools:
15        (1) approved by referendum under Section 27A-6.5 of
16    this Code;
17        (2) approved by the Charter School Appeal Board upon
18    any appeal or request for consideration made in accordance
19    with this Article;
20        (3) approved by the State Board upon reversal of any
21    decision of the Charter School Appeal Board to deny a
22    charter school proposal; and
23        (4) transferred to the State Board from the State
24    Charter School Commission under Section 27A-7.5 of this
25    Code.

 

 

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1The State Board shall approve each such charter and shall
2perform all functions under this Article otherwise performed by
3the local school board.
4    The State Board shall report the aggregate number of
5charter school pupils resident in a school district to that
6district and shall notify the district of the amount of funding
7to be paid by the State Board to the charter school enrolling
8those students. The State Board shall require the charter
9school to maintain accurate records of daily attendance that
10are deemed sufficient to file claims under Section 18-8.05 of
11this Code, notwithstanding any other requirements of Section
1218-8.05 of this Code regarding hours of instruction and teacher
13certification. The State Board shall withhold from funds
14otherwise due the district the funds authorized by this Article
15to be paid to the charter school and shall pay such amounts to
16the charter school.
17    (b) For charter schools overseen by the State Board in
18accordance with this Section, the State Board shall pay
19directly to a charter school any federal or State aid
20attributable to a student with a disability attending the
21charter school.
 
22    (105 ILCS 5/27A-9.15 new)
23    Sec. 27A-9.15. Annual appropriation; fees. The State Board
24shall annually request an appropriation from the General
25Revenue Fund to carry out the purposes of this Article. If the

 

 

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1State Board does not receive an appropriation in any fiscal
2year in an amount sufficient to carry out the work of the
3Charter School Appeal Board and the work of the State Board as
4a charter school authorizer under this Article, the State Board
5is authorized to charge any charter school that it authorizes a
6fee not to exceed 3% of the revenue provided to the charter
7school and to charge a processing fee to any charter school
8applicant that submits a charter school appeal or request for
9consideration to the Charter School Appeal Board. Any fee
10received in accordance with this Section from a charter school
11or charter applicant must be deposited into the State Board
12Charter Appeal and Charter Authorization Fund, in accordance
13with Section 27A-7.5 of this Code.
 
14    (105 ILCS 5/27A-12)
15    Sec. 27A-12. Evaluation; report. On or before September 30
16of every odd-numbered year, all local school boards with at
17least one charter school, as well as the Commission, shall
18submit to the State Board any information required by the State
19Board pursuant to applicable rule. On or before the second
20Wednesday in January of every even-numbered year, the State
21Board shall issue a report to the General Assembly and the
22Governor on its findings for the previous 2 school years. The
23State Board's report shall summarize all of the following:
24        (1) The authorizer's strategic vision for chartering
25    and progress toward achieving that vision.

 

 

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1        (2) The academic and financial performance of all
2    operating charter schools overseen by the authorizer,
3    according to the performance expectations for charter
4    schools set forth in this Article.
5        (3) The status of the authorizer's charter school
6    portfolio, identifying all charter schools in each of the
7    following categories: approved (but not yet open),
8    operating, renewed, transferred, revoked, not renewed,
9    voluntarily closed, or never opened.
10        (4) The authorizing functions provided by the
11    authorizer to the charter schools under its purview,
12    including the authorizer's operating costs and expenses
13    detailed in annual audited financial statements, which
14    must conform with generally accepted accounting
15    principles.
16    Further, in the report required by this Section, the State
17Board (i) shall compare the performance of charter school
18pupils with the performance of ethnically and economically
19comparable groups of pupils in other public schools who are
20enrolled in academically comparable courses, (ii) shall review
21information regarding the regulations and policies from which
22charter schools were released to determine if the exemptions
23assisted or impeded the charter schools in meeting their stated
24goals and objectives, and (iii) shall include suggested changes
25in State law necessary to strengthen charter schools.
26    In addition, the State Board shall undertake and report on

 

 

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1periodic evaluations of charter schools that include
2evaluations of student academic achievement, the extent to
3which charter schools are accomplishing their missions and
4goals, the sufficiency of funding for charter schools, and the
5need for changes in the approval process for charter schools.
6    Based on the information that the State Board receives from
7authorizers and the State Board's ongoing monitoring of both
8charter schools and authorizers, the State Board has the power
9to remove the power to authorize from any authorizer in this
10State if the authorizer does not demonstrate a commitment to
11high-quality authorization practices and, if necessary, revoke
12the chronically low-performing charters authorized by the
13authorizer at the time of the removal. The State Board shall
14adopt rules as needed to carry out this power, including
15provisions to determine the status of schools authorized by an
16authorizer whose authorizing power is revoked.
17(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)".