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105 ILCS 5/27A-9
(105 ILCS 5/27A-9)
Term of charter; renewal.
(a) For charters granted before the effective date of this amendatory Act of the 99th General Assembly, a charter may be granted for a period not less than 5 and not
school years. For charters granted on or after the effective date of this amendatory Act of the 99th General Assembly, a charter shall be granted for a period of 5
school years. For charters renewed before the effective date of this amendatory Act of the 99th General Assembly, a charter may be renewed in incremental periods not to exceed
school years. For charters renewed on or after the effective date of this amendatory Act of the 99th General Assembly, a charter may be renewed in incremental periods not to exceed 10 school years; however, the Commission may renew a charter only in incremental periods not to exceed 5 years. Authorizers shall ensure that every charter granted on or after the effective date of this amendatory Act of the 99th General Assembly includes standards and goals for academic, organizational, and financial performance. A charter must meet all standards and goals for academic, organizational, and financial performance set forth by the authorizer in order to be renewed for a term in excess of 5 years but not more than 10 years. If an authorizer fails to establish standards and goals, a charter shall not be renewed for a term in excess of 5 years. Nothing contained in this Section shall require an authorizer to grant a full 10-year renewal term to any particular charter school, but an authorizer may award a full 10-year renewal term to charter schools that have a demonstrated track record of improving student performance.
(b) A charter school renewal proposal submitted to the
local school board or the Commission, as the chartering entity,
(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
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
(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.
(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
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
The Commission 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,
shall act as the
authorized chartering entity for the charter school.
The Commission shall
approve the charter and shall perform all functions
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 State Board to the charter school enrolling such
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
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.
(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. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17