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Full Text of HB5887  98th General Assembly

HB5887 98TH GENERAL ASSEMBLY

  
  

 


 
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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-7.10 and 27A-9 as follows:
 
6    (105 ILCS 5/27A-7.10)
7    Sec. 27A-7.10. Authorizer powers and duties; immunity;
8principles and standards.
9    (a) Authorizers are responsible for executing, in
10accordance with this Article, all of the following powers and
11duties:
12        (1) Soliciting and evaluating charter applications.
13        (2) Approving quality charter applications that meet
14    identified educational needs and promote a diversity of
15    educational choices.
16        (3) Declining to approve weak or inadequate charter
17    applications.
18        (4) Negotiating and executing sound charter contracts
19    with each approved charter school.
20        (5) Monitoring, in accordance with charter contract
21    terms, the performance and legal compliance of charter
22    schools.
23        (6) Determining whether each charter contract merits

 

 

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

 

 

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1Article.
2    (f) This subsection (f) applies to charter schools that
3provide virtual-schooling, as defined under subsection (b-5)
4of Section 27A-5 of this Code.
5    The Commission shall ensure the quality of
6Commission-authorized virtual charter schools by requiring all
7of the following:
8        (1) That Commission-authorized virtual charter schools
9    ensure student access to teachers and report to the local
10    school board or boards information regarding teacher
11    accessibility, the teacher/student ratio, and the amount
12    of teacher/student contact time.
13        (2) That Commission-authorized virtual charter schools
14    provide opportunities for peer interaction and
15    collaboration.
16        (3) That Commission-authorized virtual charter schools
17    adopt protocols to prevent bullying or other inappropriate
18    online behavior.
19        (4) That not-for-profit entities that sponsor virtual
20    charter schools be in existence for at least one year
21    before submitting a virtual charter school proposal and
22    operate in accordance with the Open Meetings Act and the
23    Freedom of Information Act once the virtual charter school
24    has been approved.
25        (5) That members of the governing body of a
26    not-for-profit entity that proposes a virtual charter

 

 

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1    school demonstrate a direct link to the community in which
2    the entity is proposing a virtual charter school, either
3    through residency, employment, or education.
4        (6) That any entity proposing a virtual charter school
5    is limited to submitting one charter school proposal to one
6    school district per year.
7(Source: P.A. 97-152, eff. 7-20-11.)
 
8    (105 ILCS 5/27A-9)
9    Sec. 27A-9. Term of charter; renewal.
10    (a) A charter may be granted for a period not less than 5
11and not more than 10 school years. A charter may be renewed in
12incremental periods not to exceed 5 school years.
13    (b) A charter school renewal proposal submitted to the
14local school board or the Commission, as the chartering entity,
15shall contain:
16        (1) A report on the progress of the charter school in
17    achieving the goals, objectives, pupil performance
18    standards, content standards, and other terms of the
19    initial approved charter proposal; and
20        (2) A financial statement that discloses the costs of
21    administration, instruction, and other spending categories
22    for the charter school that is understandable to the
23    general public and that will allow comparison of those
24    costs to other schools or other comparable organizations,
25    in a format required by the State Board.

 

 

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1    (c) A charter may be revoked or not renewed if the local
2school board or the Commission, as the chartering entity,
3clearly demonstrates that the charter school did any of the
4following, or otherwise failed to comply with the requirements
5of this law:
6        (1) Committed a material violation of any of the
7    conditions, standards, or procedures set forth in the
8    charter.
9        (2) Failed to meet or make reasonable progress toward
10    achievement of the content standards or pupil performance
11    standards identified in the charter.
12        (3) Failed to meet generally accepted standards of
13    fiscal management.
14        (4) Violated any provision of law from which the
15    charter school was not exempted.
16    In the case of revocation, the local school board or the
17Commission, as the chartering entity, shall notify the charter
18school in writing of the reason why the charter is subject to
19revocation. The charter school shall submit a written plan to
20the local school board or the Commission, whichever is
21applicable, to rectify the problem. The plan shall include a
22timeline for implementation, which shall not exceed 2 years or
23the date of the charter's expiration, whichever is earlier. If
24the local school board or the Commission, as the chartering
25entity, finds that the charter school has failed to implement
26the plan of remediation and adhere to the timeline, then the

 

 

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1chartering entity shall revoke the charter. Except in
2situations of an emergency where the health, safety, or
3education of the charter school's students is at risk, the
4revocation shall take place at the end of a school year.
5Nothing in this amendatory Act of the 96th General Assembly
6shall be construed to prohibit an implementation timetable that
7is less than 2 years in duration.
8    (d) (Blank).
9    (e) Notice of a local school board's decision to deny,
10revoke or not to renew a charter shall be provided to the
11Commission and the State Board. The Commission may reverse a
12local board's decision if the Commission finds that the charter
13school or charter school proposal (i) is in compliance with
14this Article, and (ii) is in the best interests of the students
15it is designed to serve. The State Board may condition the
16granting of an appeal on the acceptance by the charter school
17of funding in an amount less than that requested in the
18proposal submitted to the local school board. Final decisions
19of the Commission shall be subject to judicial review under the
20Administrative Review Law.
21    (f) Notwithstanding other provisions of this Article, if
22the Commission on appeal reverses a local board's decision or
23if a charter school is approved by referendum, the Commission
24shall act as the authorized chartering entity for the charter
25school. The Commission shall approve the charter and shall
26perform all functions under this Article otherwise performed by

 

 

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1the local school board. The State Board shall determine whether
2the charter proposal approved by the Commission is consistent
3with the provisions of this Article and, if the approved
4proposal complies, certify the proposal pursuant to this
5Article. The State Board shall report the aggregate number of
6charter school pupils resident in a school district to that
7district and shall notify the district of the amount of funding
8to be paid by the Commission to the charter school enrolling
9such students. The Commission shall require the charter school
10to maintain accurate records of daily attendance that shall be
11deemed sufficient to file claims under Section 18-8.05
12notwithstanding any other requirements of that Section
13regarding hours of instruction and teacher certification. The
14State Board shall withhold from funds otherwise due the
15district the funds authorized by this Article to be paid to the
16charter school and shall pay such amounts to the charter
17school. With respect to charter schools that provide
18virtual-schooling, as defined under subsection (b-5) of
19Section 27A-5 of this Code, and that are authorized by the
20Commission, the Commission shall limit the withholding of State
21funds from a school district in proportion to the per pupil
22expenditure used for building maintenance, classroom supplies,
23transportation, safety and security, and other costs unique to
24brick-and-mortar schools. With respect to all
25Commission-authorized charter schools, the Commission shall
26require that proof of continuing enrollment and attendance be

 

 

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1submitted quarterly, with prorated refunds to the school
2district upon withdrawal of students from the charter school.
3    (g) For charter schools authorized by the Commission, the
4Commission shall quarterly certify to the State Board the
5student enrollment for each of its charter schools.
6    (h) For charter schools authorized by the Commission, the
7State Board shall pay directly to a charter school any federal
8or State aid attributable to a student with a disability
9attending the school.
10(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)