(105 ILCS 5/27A-6.5)
Charter school referendum.
(a) No charter shall go into effect under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
election the question of whether a new charter school shall be established,
has been found by the Commission to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter
(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
that desires to establish a
school by referendum shall submit the charter school proposal to
in the form of a proposed contract to be entered into
between the Commission
and the governing body of the proposed charter school, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the Commission finds that the proposed contract complies with the
of this Article, it
local school board to notify the proper
election authorities that the question of whether to establish a new charter
shall be submitted for referendum.
(d) If the Commission finds that the proposal fails to comply with the
provisions of this Article, it shall provide
written explanation, detailing its reasons for refusal, to the local school
to the individuals or organizations submitting the proposal. The Commission shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
a charter school, the local school board shall notify the State Board and the Commission of
the proposition in favor of establishing a charter school and the Commission
shall approve the charter within 7 days
the State Board of Elections has certified that a
of the votes cast upon the proposition is in favor of establishing a charter
school. The Commission shall be the chartering entity for charter
schools established by referendum under this Section.
(f) 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.
(Source: P.A. 98-739, eff. 7-16-14.)