Full Text of HB0809 99th General Assembly
HB0809ham003 99TH GENERAL ASSEMBLY | Rep. Christian L. Mitchell Filed: 4/20/2015
| | 09900HB0809ham003 | | LRB099 04621 SXM 34423 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 809
| 2 | | AMENDMENT NO. ______. Amend House Bill 809 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 27A-5, 27A-6, 27A-7, 27A-7.10, and 27A-9 as follows:
| 6 | | (105 ILCS 5/27A-5)
| 7 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 8 | | (a) A charter school shall be a public, nonsectarian, | 9 | | nonreligious, non-home
based, and non-profit school. A charter | 10 | | school shall be organized and operated
as a nonprofit | 11 | | corporation or other discrete, legal, nonprofit entity
| 12 | | authorized under the laws of the State of Illinois.
| 13 | | (b) A charter school may be established under this Article | 14 | | by creating a new
school or by converting an existing public | 15 | | school or attendance center to
charter
school status.
Beginning | 16 | | on the effective date of this amendatory Act of the 93rd |
| | | 09900HB0809ham003 | - 2 - | LRB099 04621 SXM 34423 a |
|
| 1 | | General
Assembly, in all new
applications to establish
a | 2 | | charter
school in a city having a population exceeding 500,000, | 3 | | operation of the
charter
school shall be limited to one campus. | 4 | | The changes made to this Section by this
amendatory Act
of the | 5 | | 93rd General
Assembly do not apply to charter schools existing | 6 | | or approved on or before the
effective date of this
amendatory | 7 | | Act. | 8 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 9 | | a cyber school where students engage in online curriculum and | 10 | | instruction via the Internet and electronic communication with | 11 | | their teachers at remote locations and with students | 12 | | participating at different times. | 13 | | From April 1, 2013 through December 31, 2016, there is a | 14 | | moratorium on the establishment of charter schools with | 15 | | virtual-schooling components in school districts other than a | 16 | | school district organized under Article 34 of this Code. This | 17 | | moratorium does not apply to a charter school with | 18 | | virtual-schooling components existing or approved prior to | 19 | | April 1, 2013 or to the renewal of the charter of a charter | 20 | | school with virtual-schooling components already approved | 21 | | prior to April 1, 2013. | 22 | | On or before March 1, 2014, the Commission shall submit to | 23 | | the General Assembly a report on the effect of | 24 | | virtual-schooling, including without limitation the effect on | 25 | | student performance, the costs associated with | 26 | | virtual-schooling, and issues with oversight. The report shall |
| | | 09900HB0809ham003 | - 3 - | LRB099 04621 SXM 34423 a |
|
| 1 | | include policy recommendations for virtual-schooling.
| 2 | | (c) A charter school shall be administered and governed by | 3 | | its board of
directors or other governing body
in the manner | 4 | | provided in its charter. The governing body of a charter school
| 5 | | shall be subject to the Freedom of Information Act and the Open | 6 | | Meetings Act.
| 7 | | (d) A charter school shall comply with all applicable | 8 | | health and safety
requirements applicable to public schools | 9 | | under the laws of the State of
Illinois.
| 10 | | (e) Except as otherwise provided in the School Code, a | 11 | | charter school shall
not charge tuition; provided that a | 12 | | charter school may charge reasonable fees
for textbooks, | 13 | | instructional materials, and student activities.
| 14 | | (f) A charter school shall be responsible for the | 15 | | management and operation
of its fiscal affairs , including,
but | 16 | | not limited to, the procurement of goods and services and the | 17 | | preparation of its budget. An audit of each charter
school's | 18 | | finances shall be conducted annually by an outside, independent
| 19 | | contractor retained by the charter school. To ensure financial | 20 | | accountability for the use of public funds, on or before | 21 | | December 1 of every year of operation, each charter school | 22 | | shall submit to its authorizer and the State Board a copy of | 23 | | its audit and a copy of the Form 990 the charter school filed | 24 | | that year with the federal Internal Revenue Service. In | 25 | | addition, if deemed necessary for proper financial oversight of | 26 | | the charter school, an authorizer may require quarterly |
| | | 09900HB0809ham003 | - 4 - | LRB099 04621 SXM 34423 a |
|
| 1 | | financial statements from each charter school.
| 2 | | (g) A charter school shall comply with all provisions of | 3 | | this Article; the Illinois Educational Labor Relations Act; all | 4 | | federal and State laws and rules applicable to public schools | 5 | | that pertain to special education and the instruction of | 6 | | English language learners, referred to in this Code as | 7 | | "children of limited English-speaking ability"; and
its | 8 | | charter. A charter
school is exempt from all other State laws | 9 | | and regulations in this Code
governing public
schools and local | 10 | | school board policies, except the following:
| 11 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 12 | | criminal
history records checks and checks of the Statewide | 13 | | Sex Offender Database and Statewide Murderer and Violent | 14 | | Offender Against Youth Database of applicants for | 15 | | employment;
| 16 | | (2) Sections 24-24 and 34-84A of this Code regarding | 17 | | 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 this Code regarding school report | 26 | | cards;
|
| | | 09900HB0809ham003 | - 5 - | LRB099 04621 SXM 34423 a |
|
| 1 | | (8) the P-20 Longitudinal Education Data System Act; | 2 | | and | 3 | | (9) Section 27-23.7 of this Code regarding bullying | 4 | | prevention ; and . | 5 | | (10) (9) Section 2-3.162 2-3.160 of this the School | 6 | | Code regarding student discipline reporting. | 7 | | The change made by Public Act 96-104 to this subsection (g) | 8 | | is declaratory of existing law. | 9 | | (h) A charter school may negotiate and contract with a | 10 | | school district, the
governing body of a State college or | 11 | | university or public community college, or
any other public or | 12 | | for-profit or nonprofit private entity for: (i) the use
of a | 13 | | school building and grounds or any other real property or | 14 | | facilities that
the charter school desires to use or convert | 15 | | for use as a charter school site,
(ii) the operation and | 16 | | maintenance thereof, and
(iii) the provision of any service, | 17 | | activity, or undertaking that the charter
school is required to | 18 | | perform in order to carry out the terms of its charter.
| 19 | | However, a charter school
that is established on
or
after the | 20 | | effective date of this amendatory Act of the 93rd General
| 21 | | Assembly and that operates
in a city having a population | 22 | | exceeding
500,000 may not contract with a for-profit entity to
| 23 | | manage or operate the school during the period that commences | 24 | | on the
effective date of this amendatory Act of the 93rd | 25 | | General Assembly and
concludes at the end of the 2004-2005 | 26 | | school year.
Except as provided in subsection (i) of this |
| | | 09900HB0809ham003 | - 6 - | LRB099 04621 SXM 34423 a |
|
| 1 | | Section, a school district may
charge a charter school | 2 | | reasonable rent for the use of the district's
buildings, | 3 | | grounds, and facilities. Any services for which a charter | 4 | | school
contracts
with a school district shall be provided by | 5 | | the district at cost. Any services
for which a charter school | 6 | | contracts with a local school board or with the
governing body | 7 | | of a State college or university or public community college
| 8 | | shall be provided by the public entity at cost. | 9 | | Other goods and services procured by the charter school | 10 | | must be executed pursuant to the terms of the procurement | 11 | | policy stated in the charter contract. Charter procurement | 12 | | policies must be reviewed by the authorizer during the | 13 | | authorization process and shall reflect procedures consistent | 14 | | with expending public funds in an efficient, transparent, and | 15 | | cost-effective manner. Such policies shall include provisions | 16 | | that prohibit conflicts of interest, self-dealing, and any | 17 | | other practices that call into question the objectivity of the | 18 | | charter school's governing body. Each charter school's | 19 | | procurement policy must be posted on the charter school's | 20 | | Internet website to ensure public transparency.
| 21 | | (i) In no event shall a charter school that is established | 22 | | by converting an
existing school or attendance center to | 23 | | charter school status be required to
pay rent for space
that is | 24 | | deemed available, as negotiated and provided in the charter | 25 | | agreement,
in school district
facilities. However, all other | 26 | | costs for the operation and maintenance of
school district |
| | | 09900HB0809ham003 | - 7 - | LRB099 04621 SXM 34423 a |
|
| 1 | | facilities that are used by the charter school shall be subject
| 2 | | to negotiation between
the charter school and the local school | 3 | | board and shall be set forth in the
charter.
| 4 | | (j) A charter school may limit student enrollment by age or | 5 | | grade level.
| 6 | | (k) If the charter school is approved by the Commission, | 7 | | then the Commission charter school is its own local education | 8 | | agency. | 9 | | (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; | 10 | | 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; | 11 | | 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. | 12 | | 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised | 13 | | 10-14-14.)
| 14 | | (105 ILCS 5/27A-6)
| 15 | | Sec. 27A-6. Contract contents; applicability of laws and | 16 | | regulations.
| 17 | | (a) A certified charter shall constitute a binding contract | 18 | | and agreement
between
the charter school and a local school | 19 | | board under the terms of which the local
school board | 20 | | authorizes the governing body of the charter school to operate | 21 | | the
charter
school on the terms specified in the contract.
| 22 | | (b) Notwithstanding any other provision of this Article, | 23 | | the certified
charter
may
not waive or release the charter | 24 | | school from the State goals, standards, and
assessments | 25 | | established pursuant to Section 2-3.64a-5 of this Code.
|
| | | 09900HB0809ham003 | - 8 - | LRB099 04621 SXM 34423 a |
|
| 1 | | Beginning with the 2003-2004 school year, the certified charter | 2 | | for a charter
school operating in a city having a population | 3 | | exceeding 500,000 shall
require the charter school to | 4 | | administer any other nationally recognized
standardized tests | 5 | | to its students that the chartering entity administers to
other
| 6 | | students, and the results on such tests shall be included in | 7 | | the
chartering entity's assessment reports.
| 8 | | (c) Subject to the provisions of subsection (e), a material | 9 | | revision to a
previously certified contract or a renewal shall | 10 | | be made with
the approval of both the local school board and | 11 | | the governing body of the
charter school.
| 12 | | (c-5) The proposed contract shall include a provision on | 13 | | how both parties
will address minor violations of the contract.
| 14 | | (d) The proposed contract between the governing body of a | 15 | | proposed charter
school and the local school board as described | 16 | | in Section 27A-7 must be
submitted to and certified by the | 17 | | State Board before it can take effect. The
State Board's review | 18 | | of the charter contract shall include a review of incorporated | 19 | | performance
frameworks. If the State Board determines that the
| 20 | | performance frameworks are not sufficiently rigorous or
that | 21 | | they establish unreasonable expectations for the
charter | 22 | | school, the State Board must send the proposed
contract back to | 23 | | the governing body and local school board.
The governing body | 24 | | and local school board must resubmit
appropriate performance | 25 | | frameworks before the contract may
be certified. If
the State | 26 | | Board recommends that the proposed contract be modified for
|
| | | 09900HB0809ham003 | - 9 - | LRB099 04621 SXM 34423 a |
|
| 1 | | consistency with this Article before it can be certified, the | 2 | | modifications
must be consented to by both the governing body | 3 | | of
the charter school and the local school board, and | 4 | | resubmitted to the State
Board for its certification. If the | 5 | | proposed contract is resubmitted in a form
that is not | 6 | | consistent with this Article, the State
Board may refuse to | 7 | | certify the charter.
| 8 | | The State Board shall assign a number to each submission or | 9 | | resubmission in
chronological order of receipt, and shall | 10 | | determine whether the proposed
contract is consistent with the | 11 | | provisions of this Article. If the proposed
contract complies, | 12 | | the State Board shall so certify.
| 13 | | (e) No renewal of a previously certified contract is | 14 | | effective unless and until the State Board certifies that the | 15 | | renewal is consistent with the provisions of this Article. A | 16 | | material revision to a previously certified contract may go | 17 | | into effect immediately upon approval of both the local school | 18 | | board and the governing body of the charter school, unless | 19 | | either party requests in writing that the State Board certify | 20 | | that the material revision is consistent with the provisions of | 21 | | this Article. If such a request is made, the proposed material | 22 | | revision is not effective unless and until the State Board so | 23 | | certifies.
| 24 | | (Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14; | 25 | | revised 10-1-14.)
|
| | | 09900HB0809ham003 | - 10 - | LRB099 04621 SXM 34423 a |
|
| 1 | | (105 ILCS 5/27A-7)
| 2 | | Sec. 27A-7. Charter submission.
| 3 | | (a) A proposal to establish a charter school shall be | 4 | | submitted to the local school board and the State Board for | 5 | | certification under Section 27A-6 of this Code in the form of a | 6 | | proposed contract
entered
into between the local school board | 7 | | and the governing body of a proposed
charter school. The
| 8 | | charter school proposal shall include:
| 9 | | (1) The name of the proposed charter school, which must | 10 | | include the words
"Charter School".
| 11 | | (2) The age or grade range, areas of focus, minimum and | 12 | | maximum numbers of
pupils to be enrolled in the charter | 13 | | school, and any other admission criteria
that would be | 14 | | legal if used by a school district.
| 15 | | (3) A description of and address for the physical plant | 16 | | in which the
charter school will be located; provided that | 17 | | nothing in the Article shall be
deemed to justify delaying | 18 | | or withholding favorable action on or approval of a
charter | 19 | | school proposal because the building or buildings in which | 20 | | the charter
school is to be located have not been acquired | 21 | | or rented at the time a charter
school proposal is | 22 | | submitted or approved or a charter school contract is
| 23 | | entered
into or submitted for certification or certified, | 24 | | so long as the proposal or
submission identifies and names | 25 | | at least 2 sites that are potentially available
as a | 26 | | charter school facility by the time the charter school is |
| | | 09900HB0809ham003 | - 11 - | LRB099 04621 SXM 34423 a |
|
| 1 | | to open.
| 2 | | (4) The mission statement of the charter school, which | 3 | | must be consistent
with the General Assembly's declared | 4 | | purposes; provided that nothing in this
Article shall be | 5 | | construed to require that, in order to receive favorable
| 6 | | consideration and approval, a charter school proposal | 7 | | demonstrate unequivocally
that the charter school will be | 8 | | able to meet each of those declared purposes,
it
being the | 9 | | intention of the Charter Schools Law that those purposes be
| 10 | | recognized as goals that
charter schools must aspire to | 11 | | attain.
| 12 | | (5) The goals, objectives, and pupil performance | 13 | | standards to be achieved
by the charter school.
| 14 | | (6) In the case of a proposal to establish a charter | 15 | | school by
converting an existing public school or | 16 | | attendance center to charter school
status, evidence that | 17 | | the proposed formation of the charter school has received
| 18 | | the approval of certified teachers, parents
and
guardians, | 19 | | and, if applicable, a local school council as provided in
| 20 | | subsection
(b) of Section 27A-8.
| 21 | | (7) A description of the charter school's educational | 22 | | program, pupil
performance standards, curriculum, school | 23 | | year, school days, and hours of
operation.
| 24 | | (8) A description of the charter school's plan for | 25 | | evaluating pupil
performance, the types of assessments | 26 | | that will be used to measure pupil
progress towards |
| | | 09900HB0809ham003 | - 12 - | LRB099 04621 SXM 34423 a |
|
| 1 | | achievement of the school's pupil performance standards, | 2 | | the
timeline for achievement of those standards, and the | 3 | | procedures for taking
corrective action in the event that | 4 | | pupil performance at the charter school
falls below those | 5 | | standards.
| 6 | | (9) Evidence that the terms of the charter as proposed | 7 | | are economically
sound
for both the charter school and the | 8 | | school district, a proposed budget for the
term of the | 9 | | charter, a description of the manner in which an annual
| 10 | | audit of the financial and administrative operations of the | 11 | | charter school,
including any services provided by the | 12 | | school district, are to be conducted,
and
a plan for the | 13 | | displacement of pupils, teachers, and other employees who | 14 | | will
not attend or be employed in the charter school.
| 15 | | (10) A description of the governance and operation of | 16 | | the charter school,
including the nature and extent of | 17 | | parental, professional educator, and
community involvement | 18 | | in the governance and operation of the charter school.
| 19 | | (10.5) Beginning with charter contracts entered into | 20 | | on or after January 1, 2017, a description of a procurement | 21 | | policy for goods and services. | 22 | | (11) An explanation of the relationship that will exist | 23 | | between the
charter school and its employees, including | 24 | | evidence that the terms and
conditions of employment have | 25 | | been addressed with affected employees and their
| 26 | | recognized representative, if any. However, a bargaining |
| | | 09900HB0809ham003 | - 13 - | LRB099 04621 SXM 34423 a |
|
| 1 | | unit of charter
school employees shall be separate and
| 2 | | distinct from any bargaining units formed from employees of | 3 | | a school district
in
which the charter school is located.
| 4 | | (12) An agreement between the parties regarding their | 5 | | respective
legal liability and applicable insurance | 6 | | coverage.
| 7 | | (13) A description of how the charter school plans to | 8 | | meet the
transportation needs of its pupils, and a plan for | 9 | | addressing the
transportation needs
of low-income and | 10 | | at-risk pupils.
| 11 | | (14) The proposed effective date and term of the | 12 | | charter; provided that
the
first day of the first academic | 13 | | year shall be no earlier than August 15 and no later than | 14 | | September 15 of a
calendar year, and the first day of the | 15 | | fiscal year shall be July 1.
| 16 | | (15) Any other information reasonably required by the | 17 | | State Board of
Education.
| 18 | | (b) A proposal to establish a charter school may be | 19 | | initiated by individuals
or organizations that will have
| 20 | | majority representation on the board of directors or other | 21 | | governing body of
the corporation or other discrete legal | 22 | | entity that is to be established to
operate the proposed | 23 | | charter school, by a board of education or an
intergovernmental | 24 | | agreement between or among boards of education, or by the
board | 25 | | of directors or other
governing body of a discrete legal entity | 26 | | already existing or established to
operate the proposed
charter |
| | | 09900HB0809ham003 | - 14 - | LRB099 04621 SXM 34423 a |
|
| 1 | | school. The individuals or organizations referred to in this
| 2 | | subsection may be school teachers, school administrators, | 3 | | local school
councils, colleges or
universities or their | 4 | | faculty
members, public community colleges or their | 5 | | instructors or other
representatives, corporations, or other | 6 | | entities or their
representatives. The proposal shall be
| 7 | | submitted to the local school board for consideration and, if
| 8 | | appropriate, for
development of a proposed contract to be | 9 | | submitted to the State Board for
certification under
Section | 10 | | 27A-6.
| 11 | | (c) The local school board may not without the consent of | 12 | | the governing body
of the charter school condition its approval | 13 | | of a charter school proposal on
acceptance of an agreement to | 14 | | operate under State laws and regulations and
local school board | 15 | | policies from which the charter school is otherwise exempted
| 16 | | under this Article.
| 17 | | (Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14; | 18 | | revised 10-1-14.)
| 19 | | (105 ILCS 5/27A-7.10) | 20 | | Sec. 27A-7.10. Authorizer powers and duties; immunity; | 21 | | principles and standards. | 22 | | (a) Authorizers are responsible for executing, in | 23 | | accordance with this Article, all of the following powers and | 24 | | duties: | 25 | | (1) Soliciting and evaluating charter applications. |
| | | 09900HB0809ham003 | - 15 - | LRB099 04621 SXM 34423 a |
|
| 1 | | (2) Approving quality charter applications that meet | 2 | | identified educational needs and promote a diversity of | 3 | | educational choices. | 4 | | (3) Declining to approve weak or inadequate charter | 5 | | applications. | 6 | | (4) Negotiating and executing sound charter contracts | 7 | | with each approved charter school. | 8 | | (5) Monitoring, in accordance with charter contract | 9 | | terms, the performance and legal compliance of charter | 10 | | schools. | 11 | | (6) Determining whether each charter contract merits | 12 | | renewal, nonrenewal, or revocation. | 13 | | (b) An authorizing entity may delegate its duties to | 14 | | officers, employees, and contractors. | 15 | | (c) Regulation by authorizers is limited to the powers and | 16 | | duties set forth in subsection (a) of this Section and must be | 17 | | consistent with the spirit and intent of this Article. | 18 | | (d) An authorizing entity, members of the local school | 19 | | board, or the Commission, in their official capacity, and | 20 | | employees of an authorizer are immune from civil and criminal | 21 | | liability with respect to all activities related to a charter | 22 | | school that they authorize, except for willful or wanton | 23 | | misconduct. | 24 | | (e) The Commission and all local school boards that have a | 25 | | charter school operating are required to develop and maintain | 26 | | chartering policies and practices consistent with recognized |
| | | 09900HB0809ham003 | - 16 - | LRB099 04621 SXM 34423 a |
|
| 1 | | principles and standards for quality charter authorizing in all | 2 | | major areas of authorizing responsibility, including all of the | 3 | | following: | 4 | | (1) Organizational capacity and infrastructure. | 5 | | (2) Soliciting and evaluating charter applications. | 6 | | (3) Performance contracting. | 7 | | (4) Ongoing charter school oversight and evaluation. | 8 | | (5) Charter renewal decision-making. | 9 | | Authorizers shall carry out all their duties under this | 10 | | Article in a manner consistent with nationally recognized | 11 | | principles and standards and with the spirit and intent of this | 12 | | Article.
| 13 | | (Source: P.A. 97-152, eff. 7-20-11.)
| 14 | | (105 ILCS 5/27A-9)
| 15 | | Sec. 27A-9. Term of charter; renewal.
| 16 | | (a) A charter may be granted for a period of not less than | 17 | | 5 and not
more than
10
school years. A charter may be renewed | 18 | | in incremental periods not to exceed
5
school years , except | 19 | | that charters deemed high-quality shall be renewed for a period | 20 | | of not less than 5 and not more than 10 school years. Each | 21 | | authorizer shall create criteria for determining which charter | 22 | | schools meet the high-quality definition. In the absence of | 23 | | such criteria, a high-quality charter school means a charter | 24 | | school that has, in the last available ranking, either (i) been | 25 | | recognized by the State Board as a reward school, as defined in |
| | | 09900HB0809ham003 | - 17 - | LRB099 04621 SXM 34423 a |
|
| 1 | | this State's approved waiver of the federal Elementary and | 2 | | Secondary Education Act of 1965, or received the State Board's | 3 | | honor roll designation as a spotlight school, academic | 4 | | excellence award recipient, or academic improvement recipient | 5 | | or (ii) received a rating in the top 40% of schools in a school | 6 | | district under a rating system developed by the charter | 7 | | school's home district that is based on multiple indicators of | 8 | | success and used by that district to rate schools in the | 9 | | district .
| 10 | | (a-5) Before January 1, 2016, authorizers shall develop | 11 | | performance frameworks that allow authorizers to measure the | 12 | | performance of the charter school they authorize and that allow | 13 | | authorizers of multiple charter schools to compare performance | 14 | | across similarly situated schools using common measures. Such | 15 | | performance frameworks shall use comprehensive academic, | 16 | | financial, and operational performance data to make | 17 | | merit-based renewal decisions. Such performance frameworks may | 18 | | vary depending on the type of charter school authorized and the | 19 | | mission of such a school. To guide authorizers in ensuring | 20 | | their performance
frameworks are designed to measure charter | 21 | | school quality across
similarly situated schools using common | 22 | | measures, on or before June 30, 2016, the
State Board shall | 23 | | develop model performance frameworks that
authorizers may | 24 | | elect to use instead of developing their own performance
| 25 | | frameworks.
Authorizers shall incorporate into charter | 26 | | agreements entered into on or after January 1, 2017 either the
|
| | | 09900HB0809ham003 | - 18 - | LRB099 04621 SXM 34423 a |
|
| 1 | | applicable performance frameworks developed by the State Board | 2 | | or those they have developed.
Authorizers may work with charter | 3 | | schools to incorporate such performance frameworks into | 4 | | contracts entered into before January 1, 2017, provided that | 5 | | the authorizer and charter school mutually agree to the | 6 | | contract amendment. All renewal decisions after September 1, | 7 | | 2017 must be based on the charter contract and, to the extent | 8 | | applicable, the performance framework. The performance | 9 | | framework must be made available for public viewing on the | 10 | | authorizer's Internet website. | 11 | | Using the renewal criteria set forth in the performance | 12 | | framework, the authorizer shall report annually to the charter | 13 | | school on the progress and performance of that charter school. | 14 | | (b) A charter school renewal proposal submitted to the
| 15 | | local school board or the Commission, as the chartering entity,
| 16 | | shall contain:
| 17 | | (1) A report on the progress of the charter school in | 18 | | achieving the goals,
objectives, pupil performance | 19 | | standards, content standards, and other terms of
the | 20 | | initial approved charter proposal; and
| 21 | | (2) A procurement policy for goods and services and a A | 22 | | financial statement that discloses the costs of | 23 | | administration,
instruction, and other spending categories | 24 | | for the charter school that is
understandable to the | 25 | | general public and that will allow comparison of those
| 26 | | costs to other schools or other comparable organizations, |
| | | 09900HB0809ham003 | - 19 - | LRB099 04621 SXM 34423 a |
|
| 1 | | in a format required
by the State Board.
| 2 | | (b-5) In making decisions about charter renewals, an | 3 | | authorizer shall oversee the implementation of a transition | 4 | | plan for each student attending a charter school that will not | 5 | | to be renewed. The plan must include information concerning | 6 | | transfer options available to the student, with the goal of | 7 | | providing a smooth transition following a non-renewal. To the | 8 | | extent practicable, the timing of renewal decisions shall align | 9 | | with the enrollment process the authorizer uses for other | 10 | | schools within the relevant school district. The authorizer | 11 | | shall communicate the plan to each student's parent or | 12 | | guardian. | 13 | | (c) A charter may be revoked
or not renewed if the local | 14 | | school board or the Commission, as the chartering
entity,
| 15 | | clearly demonstrates that the
charter school did any of the
| 16 | | following, or otherwise failed to comply with the requirements | 17 | | 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 or instead, if | 24 | | applicable, failed to (i) meet academic performance | 25 | | standards, (ii) meet or
make reasonable progress toward | 26 | | organizational standards, or (iii) meet or
make reasonable |
| | | 09900HB0809ham003 | - 20 - | LRB099 04621 SXM 34423 a |
|
| 1 | | progress toward financial standards. For purposes of this
| 2 | | subdivision (2), academic, organizational, and financial | 3 | | standards mean those established in the performance | 4 | | framework set forth in the charter under subsection (a-5) | 5 | | of this Section .
| 6 | | (3) Failed to meet generally accepted standards of | 7 | | fiscal management.
| 8 | | (4) Violated any provision of law from which the | 9 | | charter school was not
exempted.
| 10 | | In the case of revocation, the local school board or the | 11 | | Commission, as the chartering entity, shall notify the charter | 12 | | school in writing of the reason why the charter is subject to | 13 | | revocation. The charter school shall submit a written plan to | 14 | | the local school board or the Commission, whichever is | 15 | | applicable, to rectify the problem. The plan shall include a | 16 | | timeline for implementation, which shall not exceed 2 years or | 17 | | the date of the charter's expiration, whichever is earlier. If | 18 | | the local school board or the Commission, as the chartering | 19 | | entity, finds that the charter school has failed to implement | 20 | | the plan of remediation and adhere to the timeline, then the | 21 | | chartering entity shall revoke the charter. Except in | 22 | | situations of an emergency where the health, safety, or | 23 | | education of the charter school's students is at risk, the | 24 | | revocation shall take place at the end of a school year. | 25 | | Nothing in this amendatory Act of the 96th General Assembly | 26 | | shall be construed to prohibit an implementation timetable that |
| | | 09900HB0809ham003 | - 21 - | LRB099 04621 SXM 34423 a |
|
| 1 | | is less than 2 years in duration. | 2 | | (d) (Blank).
| 3 | | (e) Notice of a local school board's decision to
deny, | 4 | | revoke or not to
renew a charter shall be provided to the | 5 | | Commission and the State Board.
The Commission may reverse a | 6 | | local board's
decision
if the Commission finds
that the charter | 7 | | school or charter school proposal (i) is in compliance with
| 8 | | this Article, and (ii) is in the best interests of the students | 9 | | it is designed
to serve.
The Commission may condition the | 10 | | granting of an appeal on the acceptance by
the charter school | 11 | | of funding in an amount less than that requested in the
| 12 | | proposal submitted to the local school board.
Final decisions | 13 | | of the Commission shall be subject
to judicial review under the | 14 | | Administrative Review Law.
| 15 | | (f) Notwithstanding other provisions of this Article, if | 16 | | the Commission
on appeal reverses a local board's decision
or | 17 | | if a charter school is
approved by referendum,
the Commission
| 18 | | shall act as the
authorized chartering entity for the charter | 19 | | school.
The Commission shall
approve the charter and shall | 20 | | perform all functions
under this
Article otherwise performed by | 21 | | the local school
board. The State Board shall determine whether | 22 | | the charter proposal approved by the Commission is consistent | 23 | | with the provisions of this Article and, if the approved | 24 | | proposal complies, certify the proposal pursuant to this | 25 | | Article. The State Board shall
report the aggregate number of | 26 | | charter school pupils resident in a school
district to that |
| | | 09900HB0809ham003 | - 22 - | LRB099 04621 SXM 34423 a |
|
| 1 | | district
and shall notify the district
of the amount of
funding | 2 | | to be paid by the State Board to the charter school enrolling | 3 | | such
students.
The Commission shall require the
charter school | 4 | | to maintain accurate records of daily attendance that shall be
| 5 | | deemed sufficient to file claims under Section 18-8.05 | 6 | | notwithstanding any
other requirements of that Section | 7 | | regarding hours of instruction and teacher
certification.
The | 8 | | State Board shall withhold from funds otherwise due the | 9 | | district
the funds authorized by this Article to be paid to the | 10 | | charter school and shall
pay such amounts to the charter | 11 | | school.
| 12 | | (g) For charter schools authorized by the Commission, the | 13 | | Commission shall quarterly certify to the State Board the | 14 | | student enrollment for each of its charter schools. | 15 | | (h) For charter schools authorized by the Commission, the | 16 | | State Board shall pay directly to a charter school any federal | 17 | | or State aid attributable to a student with a disability | 18 | | attending the school. | 19 | | (Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
|
|