HB5887 98TH GENERAL ASSEMBLY

LRB098 19278 NHT 54430 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5887

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:

105 ILCS 5/27A-7.10
105 ILCS 5/27A-9

Amends the Charter Schools Law of the School Code. Provides that the State Charter School Commission shall require Commission-authorized virtual charter schools to (1) ensure student access to teachers and report to the local school board or boards information regarding teacher accessibility, the teacher/student ratio, and the amount of teacher/student contact time; (2) provide opportunities for peer interaction and collaboration; and (3) adopt protocols to prevent bullying or other inappropriate online behavior. Sets forth requirements and limitations that the Commission must impose with regard to entities proposing virtual charter schools. With respect to Commission-authorized virtual charter schools, requires the Commission to limit the withholding of State funds from a school district in proportion to the per pupil expenditure used for building maintenance, classroom supplies, transportation, safety and security, and other costs unique to brick-and-mortar schools. With respect to all Commission-authorized charter schools, provides that the Commission shall require that proof of continuing enrollment and attendance be submitted quarterly, with prorated refunds to the school district upon withdrawal of students from the charter school.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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-7.10 and 27A-9 as follows:

(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 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 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.

(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.

(f) This subsection (f) applies to charter schools that provide virtual-schooling, as defined under subsection (b-5) of Section 27A-5 of this Code.

The Commission shall ensure the quality of Commission-authorized virtual charter schools by requiring all of the following:

(1) That Commission-authorized virtual charter schools ensure student access to teachers and report to the local school board or boards information regarding teacher accessibility, the teacher/student ratio, and the amount of teacher/student contact time.

(2) That Commission-authorized virtual charter schools provide opportunities for peer interaction and collaboration.

(3) That Commission-authorized virtual charter schools adopt protocols to prevent bullying or other inappropriate online behavior.

(4) That not-for-profit entities that sponsor virtual charter schools be in existence for at least one year before submitting a virtual charter school proposal and operate in accordance with the Open Meetings Act and the Freedom of Information Act once the virtual charter school has been approved.

(5) That members of the governing body of a not-for-profit entity that proposes a virtual charter school demonstrate a direct link to the community in which the entity is proposing a virtual charter school, either through residency, employment, or education.

(6) That any entity proposing a virtual charter school is limited to submitting one charter school proposal to one school district per year.

(Source: P.A. 97-152, eff. 7-20-11.)

(105 ILCS 5/27A-9)

Sec. 27A-9. Term of charter; renewal.

(a) A charter may be granted for a period not less than 5 and not more than 10 school years. A charter may be renewed in incremental periods not to exceed 5 school years.

(b) A charter school renewal proposal submitted to the local school board or the 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 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 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 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 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 this amendatory Act of the 96th General Assembly shall be construed to prohibit an implementation timetable that is less than 2 years in duration.

(d) (Blank).

(e) Notice of a local school board's decision to deny, revoke or not to renew a charter shall be provided to the Commission and the State Board. The Commission may reverse a local board's decision 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 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. Final decisions of the Commission shall be 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 Commission 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 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. With respect to charter schools that provide virtual-schooling, as defined under subsection (b-5) of Section 27A-5 of this Code, and that are authorized by the Commission, the Commission shall limit the withholding of State funds from a school district in proportion to the per pupil expenditure used for building maintenance, classroom supplies, transportation, safety and security, and other costs unique to brick-and-mortar schools. With respect to all Commission-authorized charter schools, the Commission shall require that proof of continuing enrollment and attendance be submitted quarterly, with prorated refunds to the school district upon withdrawal of students from 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. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)