Rep. Emanuel Chris Welch

Filed: 2/25/2019





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2    AMENDMENT NO. ______. Amend House Bill 2100 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The State Finance Act is amended by changing
5Section 5.796 as follows:
6    (30 ILCS 105/5.796)
7    Sec. 5.796. The State Charter School Commission Fund. This
8Section is repealed on July 31, 2020.
9(Source: P.A. 97-152, eff. 7-20-11; 97-813, eff. 7-13-12.)
10    Section 10. The School Code is amended by changing Sections
1127A-3, 27A-5, 27A-6.5, 27A-7.5, 27A-7.10, 27A-8, 27A-9,
1227A-10.10, 27A-11, 27A-11.5, and 27A-12 as follows:
13    (105 ILCS 5/27A-3)
14    Sec. 27A-3. Definitions. For purposes of this Article:



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1    "At-risk pupil" means a pupil who, because of physical,
2emotional, socioeconomic, or cultural factors, is less likely
3to succeed in a conventional educational environment.
4    "Authorizer" means an entity authorized under this Article
5to review applications, decide whether to approve or reject
6applications, enter into charter contracts with applicants,
7oversee charter schools, and decide whether to renew, not
8renew, or revoke a charter.
9    "Commission" means the State Charter School Commission
10established under Section 27A-7.5 of this Code.
11    "Local school board" means the duly elected or appointed
12school board or board of education of a public school district,
13including special charter districts and school districts
14located in cities having a population of more than 500,000,
15organized under the laws of this State.
16    "State Board" means the State Board of Education.
17(Source: P.A. 97-152, eff. 7-20-11.)
18    (105 ILCS 5/27A-5)
19    Sec. 27A-5. Charter school; legal entity; requirements.
20    (a) A charter school shall be a public, nonsectarian,
21nonreligious, non-home based, and non-profit school. A charter
22school shall be organized and operated as a nonprofit
23corporation or other discrete, legal, nonprofit entity
24authorized under the laws of the State of Illinois.
25    (b) A charter school may be established under this Article



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1by creating a new school or by converting an existing public
2school or attendance center to charter school status. Beginning
3on April 16, 2003 (the effective date of Public Act 93-3), in
4all new applications to establish a charter school in a city
5having a population exceeding 500,000, operation of the charter
6school shall be limited to one campus. The changes made to this
7Section by Public Act 93-3 do not apply to charter schools
8existing or approved on or before April 16, 2003 (the effective
9date of Public Act 93-3).
10    (b-5) In this subsection (b-5), "virtual-schooling" means
11a cyber school where students engage in online curriculum and
12instruction via the Internet and electronic communication with
13their teachers at remote locations and with students
14participating at different times.
15    From April 1, 2013 through December 31, 2016, there is a
16moratorium on the establishment of charter schools with
17virtual-schooling components in school districts other than a
18school district organized under Article 34 of this Code. This
19moratorium does not apply to a charter school with
20virtual-schooling components existing or approved prior to
21April 1, 2013 or to the renewal of the charter of a charter
22school with virtual-schooling components already approved
23prior to April 1, 2013.
24    On or before March 1, 2014, the Commission shall submit to
25the General Assembly a report on the effect of
26virtual-schooling, including without limitation the effect on



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1student performance, the costs associated with
2virtual-schooling, and issues with oversight. The report shall
3include policy recommendations for virtual-schooling.
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter school
7shall be subject to the Freedom of Information Act and the Open
8Meetings Act.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and school
15personnel. "Non-curricular health and safety requirement" does
16not include any course of study or specialized instructional
17requirement for which the State Board has established goals and
18learning standards or which is designed primarily to impart
19knowledge and skills for students to master and apply as an
20outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall be



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1updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. To ensure financial accountability for the use of
23public funds, on or before December 1 of every year of
24operation, each charter school shall submit to its authorizer
25and the State Board a copy of its audit and a copy of the Form
26990 the charter school filed that year with the federal



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1Internal Revenue Service. In addition, if deemed necessary for
2proper financial oversight of the charter school, an authorizer
3may require quarterly financial statements from each charter
5    (g) A charter school shall comply with all provisions of
6this Article, the Illinois Educational Labor Relations Act, all
7federal and State laws and rules applicable to public schools
8that pertain to special education and the instruction of
9English learners, and its charter. A charter school is exempt
10from all other State laws and regulations in this Code
11governing public schools and local school board policies;
12however, a charter school is not exempt from the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
14    criminal history records checks and checks of the Statewide
15    Sex Offender Database and Statewide Murderer and Violent
16    Offender Against Youth Database of applicants for
17    employment;
18        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
19    34-84a of this Code regarding discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (5.5) subsection (b) of Section 10-23.12 and



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1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school report
4    cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code; and
13        (14) Section 26-18 of this Code; and
14        (15) Section 22-30 of this Code.
15    The change made by Public Act 96-104 to this subsection (g)
16is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required to
26perform in order to carry out the terms of its charter.



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1However, a charter school that is established on or after April
216, 2003 (the effective date of Public Act 93-3) and that
3operates in a city having a population exceeding 500,000 may
4not contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) and concludes at the end of
7the 2004-2005 school year. Except as provided in subsection (i)
8of this Section, a school district may charge a charter school
9reasonable rent for the use of the district's buildings,
10grounds, and facilities. Any services for which a charter
11school contracts with a school district shall be provided by
12the district at cost. Any services for which a charter school
13contracts with a local school board or with the governing body
14of a State college or university or public community college
15shall be provided by the public entity at cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be subject
23to negotiation between the charter school and the local school
24board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age or
26grade level.



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1    (k) (Blank). If the charter school is approved by the
2Commission, then the Commission charter school is its own local
3education agency.
4(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
5eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
699-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
7100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
81-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
9eff. 8-14-18; revised 10-5-18.)
10    (105 ILCS 5/27A-6.5)
11    Sec. 27A-6.5. Charter school referendum.
12    (a) No charter shall go into effect under this Section that
13would convert any existing private, parochial, or non-public
14school to a charter school or whose proposal has not been
15certified by the State Board.
16    (b) A local school board shall, whenever petitioned to do
17so by 5% or more of the voters of a school district or
18districts identified in a charter school proposal, order
19submitted to the voters thereof at a regularly scheduled
20election the question of whether a new charter school shall be
21established, which proposal has been found by the State Board
22Commission to be in compliance with the provisions of this
23Article, and the secretary shall certify the proposition to the
24proper election authorities for submission in accordance with
25the general election law. The proposition shall be in



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1substantially the following form:
2        "FOR the establishment of (name of proposed charter
3    school) under charter school proposal (charter school
4    proposal number).
5        AGAINST the establishment of (name of proposed charter
6    school) under charter school proposal (charter school
7    proposal number)".
8    (c) Before circulating a petition to submit the question of
9whether to establish a charter school to the voters under
10subsection (b) of this Section, the governing body of a
11proposed charter school that desires to establish a new charter
12school by referendum shall submit the charter school proposal
13to the State Board Commission in the form of a proposed
14contract to be entered into between the State Board Commission
15and the governing body of the proposed charter school, together
16with written notice of the intent to have a new charter school
17established by referendum. The contract shall comply with the
18provisions of this Article.
19    If the State Board Commission finds that the proposed
20contract complies with the provisions of this Article, it shall
21immediately direct the local school board to notify the proper
22election authorities that the question of whether to establish
23a new charter school shall be submitted for referendum.
24    (d) If the State Board Commission finds that the proposal
25fails to comply with the provisions of this Article, it shall
26provide written explanation, detailing its reasons for



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1refusal, to the local school board and to the individuals or
2organizations submitting the proposal. The State Board
3Commission shall also notify the local school board and the
4individuals or organizations submitting the proposal that the
5proposal may be amended and resubmitted under the same
6provisions required for an original submission.
7    (e) If a majority of the votes cast upon the proposition in
8each school district designated in the charter school proposal
9is in favor of establishing a charter school, the local school
10board shall notify the State Board and the Commission of the
11passage of the proposition in favor of establishing a charter
12school and the State Board Commission shall approve the charter
13within 7 days after the State Board of Elections has certified
14that a majority of the votes cast upon the proposition is in
15favor of establishing a charter school. The State Board
16Commission shall be the chartering entity for charter schools
17established by referendum under this Section.
18    (f) The State Board shall determine whether the charter
19proposal approved by the Commission is consistent with the
20provisions of this Article and, if the approved proposal
21complies, certify the proposal pursuant to this Article.
22(Source: P.A. 98-739, eff. 7-16-14.)
23    (105 ILCS 5/27A-7.5)
24    Sec. 27A-7.5. State Charter School Commission abolished;
25transfer to State Board.



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1    (a) On July 1, 2020, the A State Charter School Commission
2is abolished and the terms of all members end. On that date,
3all of the powers, duties, assets, liabilities, contracts,
4property, records, and pending business of the Commission are
5transferred to the State Board. For purposes of the Successor
6Agency Act and Section 9b of the State Finance Act, the State
7Board is declared to be the successor agency of the Commission.
8Beginning on July 1, 2020, references in statutes, rules,
9forms, and other documents to the Commission shall, in
10appropriate contexts, be deemed to refer to the State Board.
11Standards and procedures of the Commission in effect on July 1,
122020 shall be deemed standards and procedures of the State
13Board and shall remain in effect until amended or repealed by
14the State Board. established as an independent commission with
15statewide chartering jurisdiction and authority. The
16Commission shall be under the State Board for administrative
17purposes only.
18    (a-5) The State Board shall provide administrative support
19to the Commission as needed.
20    (b) The Commission is responsible for authorizing
21high-quality charter schools throughout this State,
22particularly schools designed to expand opportunities for
23at-risk students, consistent with the purposes of this Article.
24    (c) The Commission shall consist of 9 members, appointed by
25the State Board. The State Board shall make these appointments
26from a slate of candidates proposed by the Governor, within 60



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1days after the effective date of this amendatory Act of the
297th General Assembly with respect to the initial Commission
3members. In making the appointments, the State Board shall
4ensure statewide geographic diversity among Commission
5members. The Governor shall propose a slate of candidates to
6the State Board within 60 days after the effective date of this
7amendatory Act of the 97th General Assembly and 60 days prior
8to the expiration of the term of a member thereafter. If the
9Governor fails to timely propose a slate of candidates
10according to the provisions of this subsection (c), then the
11State Board may appoint the member or members of the
13    (d) Members appointed to the Commission shall collectively
14possess strong experience and expertise in public and nonprofit
15governance, management and finance, public school leadership,
16higher education, assessments, curriculum and instruction, and
17public education law. All members of the Commission shall have
18demonstrated understanding of and a commitment to public
19education, including without limitation charter schooling. At
20least 3 members must have past experience with urban charter
22    (e) To establish staggered terms of office, the initial
23term of office for 3 Commission members shall be 4 years and
24thereafter shall be 4 years; the initial term of office for
25another 3 members shall be 3 years and thereafter shall be 4
26years; and the initial term of office for the remaining 3



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1members shall be 2 years and thereafter shall be 4 years. The
2initial appointments must be made no later than October 1,
4    (f) Whenever a vacancy on the Commission exists, the State
5Board shall appoint a member for the remaining portion of the
7    (g) Subject to the State Officials and Employees Ethics
8Act, the Commission is authorized to receive and expend gifts,
9grants, and donations of any kind from any public or private
10entity to carry out the purposes of this Article, subject to
11the terms and conditions under which they are given, provided
12that all such terms and conditions are permissible under law.
13Funds received under this subsection (g) must be deposited into
14the State Charter School Commission Fund.
15    (b) The State Charter School Commission Fund is created as
16a special fund in the State treasury. All money in the Fund
17shall be used, subject to appropriation, by the State Board,
18acting on behalf and with the consent of the Commission, for
19operational and administrative costs of the Commission. On July
201, 2020, the State Comptroller shall order transferred and the
21State Treasurer shall transfer all money in the State Charter
22School Commission Fund to the State Board of Education Special
23Purpose Trust Fund.
24    Subject to appropriation, any funds appropriated for use by
25the State Board, acting on behalf and with the consent of the
26Commission, may be used for the following purposes, without



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1limitation: personal services, contractual services, and other
2operational and administrative costs. The State Board is
3further authorized to make expenditures with respect to any
4other amounts deposited in accordance with law into the State
5Charter School Commission Fund.
6    (g-5) Funds or spending authority for the operation and
7administrative costs of the Commission shall be appropriated to
8the State Board in a separate line item. The State
9Superintendent of Education may not reduce or modify the budget
10of the Commission or use funds appropriated to the Commission
11without the approval of the Commission.
12    (h) The Commission shall operate with dedicated resources
13and staff qualified to execute the day-to-day responsibilities
14of charter school authorizing in accordance with this Article.
15The Commission may employ and fix the compensation of such
16employees and technical assistants as it deems necessary to
17carry out its powers and duties under this Article, without
18regard to the requirements of any civil service or personnel
19statute; and may establish and administer standards of
20classification of all such persons with respect to their
21compensation, duties, performance, and tenure and enter into
22contracts of employment with such persons for such periods and
23on such terms as the Commission deems desirable.
24    (i) Every 2 years, the Commission shall provide to the
25State Board and local school boards a report on best practices
26in charter school authorizing, including without limitation



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1evaluating applications, oversight of charters, and renewal of
2charter schools.
3    (j) The Commission may charge a charter school that it
4authorizes a fee, not to exceed 3% of the revenue provided to
5the school, to cover the cost of undertaking the ongoing
6administrative responsibilities of the eligible chartering
7authority with respect to the school. This fee must be
8deposited into the State Charter School Commission Fund.
9    (c) On July 1, 2020, any (k) Any charter school authorized
10by the State Charter School Commission State Board prior to
11July 1, 2020 this amendatory Act of the 97th General Assembly
12shall have its authorization transferred to the Commission upon
13a vote of the State Board, which shall then become the school's
14authorizer for all purposes under this Article. On July 1, 2020
15However, in no case shall such transfer take place later than
16July 1, 2012. At this time, all of the powers, duties, assets,
17liabilities, contracts, property, records, and pending
18business of the State Charter School Commission State Board as
19the school's authorizer must be transferred to the State Board
20Commission. The Any charter school must, as soon as practicable
21after July 1, 2020, authorized by a local school board or
22boards may seek transfer of authorization to a local school
23board or boards for the remainder of the charter school's the
24Commission during its current term only with the approval of
25the local school board or boards. If approved by the local
26school board or boards, the State Board shall transfer



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1authorization to the local school board or boards. At the end
2of its charter term, the a charter school authorized by a local
3school board or boards must reapply to the board or boards.
4before it may apply for authorization to the Commission under
5the terms of this amendatory Act of the 97th General Assembly.
6    (d) On July 1, 2020 the effective date of this amendatory
7Act of the 97th General Assembly, all rules of the State Board
8applicable to matters falling within the responsibility of the
9State Charter School Commission shall be applicable to the
10actions of the State Board Commission. The Commission shall
11thereafter have the authority to propose to the State Board
12modifications to all rules applicable to matters falling within
13the responsibility of the Commission. The State Board shall
14retain rulemaking authority for the Commission, but shall work
15jointly with the Commission on any proposed modifications. Upon
16recommendation of proposed rule modifications by the
17Commission and pursuant to the Illinois Administrative
18Procedure Act, the State Board shall consider such changes
19within the intent of this amendatory Act of the 97th General
20Assembly and grant any and all changes consistent with that
22    (l) The Commission shall have the responsibility to
23consider appeals under this Article immediately upon
24appointment of the initial members of the Commission under
25subsection (c) of this Section. Appeals pending at the time of
26initial appointment shall be determined by the Commission; the



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1Commission may extend the time for review as necessary for
2thorough review, but in no case shall the extension exceed the
3time that would have been available had the appeal been
4submitted to the Commission on the date of appointment of its
5initial members. In any appeal filed with the Commission under
6this Article, both the applicant and the school district in
7which the charter school plans to locate shall have the right
8to request a hearing before the Commission. If more than one
9entity requests a hearing, then the Commission may hold only
10one hearing, wherein the applicant and the school district
11shall have an equal opportunity to present their respective
13(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
1497-1156, eff. 1-25-13.)
15    (105 ILCS 5/27A-7.10)
16    Sec. 27A-7.10. Authorizer powers and duties; immunity;
17principles and standards.
18    (a) Authorizers are responsible for executing, in
19accordance with this Article, all of the following powers and
21        (1) Soliciting and evaluating charter applications.
22        (2) Approving quality charter applications that meet
23    identified educational needs and promote a diversity of
24    educational choices.
25        (3) Declining to approve weak or inadequate charter



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1    applications.
2        (4) Negotiating and executing sound charter contracts
3    with each approved charter school.
4        (5) Monitoring, in accordance with charter contract
5    terms, the performance and legal compliance of charter
6    schools.
7        (6) Determining whether each charter contract merits
8    renewal, nonrenewal, or revocation.
9    (b) An authorizing entity may delegate its duties to
10officers, employees, and contractors.
11    (c) Regulation by authorizers is limited to the powers and
12duties set forth in subsection (a) of this Section and must be
13consistent with the spirit and intent of this Article.
14    (d) Authorizers An authorizing entity, members of the local
15school board, or the Commission, in their official capacity,
16and employees of an authorizer are immune from civil and
17criminal liability with respect to all activities related to a
18charter school that they authorize, except for willful or
19wanton misconduct.
20    (e) Authorizers The Commission and all local school boards
21that have a charter school operating are required to develop
22and maintain chartering policies and practices consistent with
23recognized principles and standards for quality charter
24authorizing in all major areas of authorizing responsibility,
25including all of the following:
26        (1) Organizational capacity and infrastructure.



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1        (2) Soliciting and evaluating charter applications.
2        (3) Performance contracting.
3        (4) Ongoing charter school oversight and evaluation.
4        (5) Charter renewal decision-making.
5    Authorizers shall carry out all their duties under this
6Article in a manner consistent with nationally recognized
7principles and standards and with the spirit and intent of this
9(Source: P.A. 97-152, eff. 7-20-11.)
10    (105 ILCS 5/27A-8)
11    Sec. 27A-8. Evaluation of charter proposals.
12    (a) This Section does not apply to a charter school
13established by referendum under Section 27A-6.5. In evaluating
14any charter school proposal submitted to it, the local school
15board and the Commission shall give preference to proposals
17        (1) demonstrate a high level of local pupil, parental,
18    community, business, and school personnel support;
19        (2) set rigorous levels of expected pupil achievement
20    and demonstrate feasible plans for attaining those levels
21    of achievement; and
22        (3) are designed to enroll and serve a substantial
23    proportion of at-risk children; provided that nothing in
24    the Charter Schools Law shall be construed as intended to
25    limit the establishment of charter schools to those that



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1    serve a substantial portion of at-risk children or to in
2    any manner restrict, limit, or discourage the
3    establishment of charter schools that enroll and serve
4    other pupil populations under a nonexclusive,
5    nondiscriminatory admissions policy.
6    (b) In the case of a proposal to establish a charter school
7by converting an existing public school or attendance center to
8charter school status, evidence that the proposed formation of
9the charter school has received majority support from certified
10teachers and from parents and guardians in the school or
11attendance center affected by the proposed charter, and, if
12applicable, from a local school council, shall be demonstrated
13by a petition in support of the charter school signed by
14certified teachers and a petition in support of the charter
15school signed by parents and guardians and, if applicable, by a
16vote of the local school council held at a public meeting. In
17the case of all other proposals to establish a charter school,
18evidence of sufficient support to fill the number of pupil
19seats set forth in the proposal may be demonstrated by a
20petition in support of the charter school signed by parents and
21guardians of students eligible to attend the charter school. In
22all cases, the individuals, organizations, or entities who
23initiate the proposal to establish a charter school may elect,
24in lieu of including any petition referred to in this
25subsection as a part of the proposal submitted to the local
26school board, to demonstrate that the charter school has



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1received the support referred to in this subsection by other
2evidence and information presented at the public meeting that
3the local school board is required to convene under this
5    (c) Within 45 days of receipt of a charter school proposal,
6the local school board shall convene a public meeting to obtain
7information to assist the board in its decision to grant or
8deny the charter school proposal. A local school board may
9develop its own process for receiving charter school proposals
10on an annual basis that follows the same timeframes as set
11forth in this Article. Final decisions of a local school board
12are subject to judicial review under the Administrative Review
13Law. Only after the local school board process is followed may
14a charter school applicant appeal to the Commission.
15    (d) Notice of the public meeting required by this Section
16shall be published in a community newspaper published in the
17school district in which the proposed charter is located and,
18if there is no such newspaper, then in a newspaper published in
19the county and having circulation in the school district. The
20notices shall be published not more than 10 days nor less than
215 days before the meeting and shall state that information
22regarding a charter school proposal will be heard at the
23meeting. Copies of the notice shall also be posted at
24appropriate locations in the school or attendance center
25proposed to be established as a charter school, the public
26schools in the school district, and the local school board



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1office. If 45 days pass without the local school board holding
2a public meeting, then the charter applicant may submit the
3proposal to the Commission, where it must be addressed in
4accordance with the provisions set forth in subsection (g) of
5this Section.
6    (e) Within 30 days of the public meeting, the local school
7board shall vote, in a public meeting, to either grant or deny
8the charter school proposal. If the local school board has not
9voted in a public meeting within 30 days after the public
10meeting, then the charter applicant may submit the proposal to
11the Commission, where it must be addressed in accordance with
12the provisions set forth in subsection (g) of this Section.
13    (f) Within 7 days of the public meeting required under
14subsection (e) of this Section, the local school board shall
15file a report with the State Board granting or denying the
16proposal. If the local school board has approved the proposal,
17within 30 days of receipt of the local school board's report,
18the State Board shall determine whether the approved charter
19proposal is consistent with the provisions of this Article and,
20if the approved proposal complies, certify the proposal
21pursuant to Section 27A-6.
22    (g) (Blank). If the local school board votes to deny the
23proposal, then the charter school applicant has 30 days from
24the date of that vote to submit an appeal to the Commission. In
25such instances or in those instances referenced in subsections
26(d) and (e) of this Section, the Commission shall follow the



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1same process and be subject to the same timelines for review as
2the local school board.
3    (h) (Blank). The Commission may reverse a local school
4board's decision to deny a charter school proposal if the
5Commission finds that the proposal (i) is in compliance with
6this Article and (ii) is in the best interests of the students
7the charter school is designed to serve. Final decisions of the
8Commission are subject to judicial review under the
9Administrative Review Law.
10    (i) (Blank). In the case of a charter school proposed to be
11jointly authorized by 2 or more school districts, the local
12school boards may unanimously deny the charter school proposal
13with a statement that the local school boards are not opposed
14to the charter school, but that they yield to the Commission in
15light of the complexities of joint administration.
16(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
1796-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
18    (105 ILCS 5/27A-9)
19    Sec. 27A-9. Term of charter; renewal.
20    (a) For charters granted before January 1, 2017 (the
21effective date of Public Act 99-840), a charter may be granted
22for a period not less than 5 and not more than 10 school years.
23For charters granted on or after January 1, 2017 (the effective
24date of Public Act 99-840), a charter shall be granted for a
25period of 5 school years. For charters renewed before January



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11, 2017 (the effective date of Public Act 99-840), a charter
2may be renewed in incremental periods not to exceed 5 school
3years. For charters renewed on or after January 1, 2017 (the
4effective date of Public Act 99-840), a charter may be renewed
5in incremental periods not to exceed 10 school years; however,
6the Commission may renew a charter only in incremental periods
7not to exceed 5 years. Authorizers shall ensure that every
8charter granted on or after January 1, 2017 (the effective date
9of Public Act 99-840) includes standards and goals for
10academic, organizational, and financial performance. A charter
11must meet all standards and goals for academic, organizational,
12and financial performance set forth by the authorizer in order
13to be renewed for a term in excess of 5 years but not more than
1410 years. If an authorizer fails to establish standards and
15goals, a charter shall not be renewed for a term in excess of 5
16years. Nothing contained in this Section shall require an
17authorizer to grant a full 10-year renewal term to any
18particular charter school, but an authorizer may award a full
1910-year renewal term to charter schools that have a
20demonstrated track record of improving student performance.
21    (b) A charter school renewal proposal submitted to the
22local school board, or the State Board if the charter school
23was established by referendum under Section 27A-6.5, or the
24Commission, as the chartering entity, shall contain:
25        (1) A report on the progress of the charter school in
26    achieving the goals, objectives, pupil performance



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1    standards, content standards, and other terms of the
2    initial approved charter proposal; and
3        (2) A financial statement that discloses the costs of
4    administration, instruction, and other spending categories
5    for the charter school that is understandable to the
6    general public and that will allow comparison of those
7    costs to other schools or other comparable organizations,
8    in a format required by the State Board.
9    (c) A charter may be revoked or not renewed if the local
10school board, or the State Board if the charter school was
11established by referendum under Section 27A-6.5, or the
12Commission, as the chartering entity, clearly demonstrates
13that the charter school did any of the following, or otherwise
14failed to comply with the requirements of this law:
15        (1) Committed a material violation of any of the
16    conditions, standards, or procedures set forth in the
17    charter.
18        (2) Failed to meet or make reasonable progress toward
19    achievement of the content standards or pupil performance
20    standards identified in the charter.
21        (3) Failed to meet generally accepted standards of
22    fiscal management.
23        (4) Violated any provision of law from which the
24    charter school was not exempted.
25    In the case of revocation, the local school board, or the
26State Board if the charter school was established by referendum



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1under Section 27A-6.5, or the Commission, as the chartering
2entity, shall notify the charter school in writing of the
3reason why the charter is subject to revocation. The charter
4school shall submit a written plan to the local school board,
5or the State Board if the charter school was established by
6referendum under Section 27A-6.5, or the Commission, whichever
7is applicable, to rectify the problem. The plan shall include a
8timeline for implementation, which shall not exceed 2 years or
9the date of the charter's expiration, whichever is earlier. If
10the local school board, or the State Board if the charter
11school was established by referendum under Section 27A-6.5, or
12the Commission, as the chartering entity, finds that the
13charter school has failed to implement the plan of remediation
14and adhere to the timeline, then the chartering entity shall
15revoke the charter. Except in situations of an emergency where
16the health, safety, or education of the charter school's
17students is at risk, the revocation shall take place at the end
18of a school year. Nothing in Public Act 96-105 shall be
19construed to prohibit an implementation timetable that is less
20than 2 years in duration.
21    (d) (Blank).
22    (e) Notice of a local school board's decision to deny,
23revoke, or not renew a charter shall be provided to the
24Commission and the State Board. The Commission may reverse a
25local board's decision if the Commission finds that the charter
26school or charter school proposal (i) is in compliance with



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1this Article, and (ii) is in the best interests of the students
2it is designed to serve. The Commission may condition the
3granting of an appeal on the acceptance by the charter school
4of funding in an amount less than that requested in the
5proposal submitted to the local school board. Final decisions
6of the Commission shall be subject to judicial review under the
7Administrative Review Law.
8    (f) Notwithstanding other provisions of this Article, if
9the Commission on appeal reverses a local board's decision or
10if a charter school is approved by referendum under Section
1127A-6.5, the State Board Commission shall act as the authorized
12chartering entity for the charter school. The State Board
13Commission shall approve and certify the charter and shall
14perform all functions under this Article otherwise performed by
15the local school board. The State Board shall determine whether
16the charter proposal approved by the Commission is consistent
17with the provisions of this Article and, if the approved
18proposal complies, certify the proposal pursuant to this
19Article. The State Board shall report the aggregate number of
20charter school pupils resident in a school district to that
21district and shall notify the district of the amount of funding
22to be paid by the State Board to the charter school enrolling
23such students. The State Board Commission shall require the
24charter school to maintain accurate records of daily attendance
25that shall be deemed sufficient to file claims under Section
2618-8.05 or 18-8.15 notwithstanding any other requirements of



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1that Section regarding hours of instruction and teacher
2certification. The State Board shall withhold from funds
3otherwise due the district the funds authorized by this Article
4to be paid to the charter school and shall pay such amounts to
5the charter school.
6    (g) (Blank). For charter schools authorized by the
7Commission, the Commission shall quarterly certify to the State
8Board the student enrollment for each of its charter schools.
9    (h) For a charter school established by referendum under
10Section 27A-6.5, For charter schools authorized by the
11Commission, the State Board shall pay directly to the a charter
12school any federal or State aid attributable to a student with
13a disability attending the school.
14(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
15100-465, eff. 8-31-17.)
16    (105 ILCS 5/27A-10.10)
17    Sec. 27A-10.10. Closure of charter school; unspent public
18funds; procedures for the disposition of property and assets.
19    (a) Upon the closing of a charter school authorized by one
20or more local school boards, or the State Board if the charter
21school was established by referendum under Section 27A-6.5, the
22governing body of the charter school or its designee shall
23refund to the chartering entity or entities all unspent public
24funds. The charter school's other property and assets shall be
25disposed of under the provisions of the charter application and



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1contract. If the application and contract are silent or
2ambiguous as to the disposition of any of the school's property
3or assets, any property or assets of the charter school
4purchased with public funds shall be returned to the school
5district or districts from which the charter school draws
6enrollment, at no cost to the receiving district or districts,
7subject to each district's acceptance of the property or asset.
8Any unspent public funds or other property or assets received
9by the charter school directly from any State or federal agency
10shall be refunded to or revert back to that State or federal
11agency, respectively.
12    (b) (Blank). Upon the closing of a charter school
13authorized by the Commission, the governing body of the charter
14school or its designee shall refund all unspent public funds to
15the State Board of Education. The charter school's other
16property and assets shall be disposed of under the provisions
17of the charter application and contract. If the application and
18contract are silent or ambiguous as to the disposition of any
19of the school's property or assets, any property or assets of
20the charter school purchased with public funds shall be
21returned to the school district or districts from which the
22charter school draws its enrollment, at no cost to the
23receiving district or districts, subject to each district's
24acceptance of the property or asset. Any unspent public funds
25or other property or assets provided by a State agency other
26than the State Board of Education or by a federal agency shall



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1be refunded to or revert back to that State or federal agency,
3    (c) If a determination is made to close a charter school
4located within the boundaries of a school district organized
5under Article 34 of this Code for at least one school year, the
6charter school shall give at least 60 days' notice of the
7closure to all affected students and parents or legal
9(Source: P.A. 100-179, eff. 8-18-17.)
10    (105 ILCS 5/27A-11)
11    Sec. 27A-11. Local financing.
12    (a) For purposes of this the School Code, pupils enrolled
13in a charter school shall be included in the pupil enrollment
14of the school district within which the pupil resides. Each
15charter school (i) shall determine the school district in which
16each pupil who is enrolled in the charter school resides, (ii)
17shall report the aggregate number of pupils resident of a
18school district who are enrolled in the charter school to the
19school district in which those pupils reside, and (iii) shall
20maintain accurate records of daily attendance that shall be
21deemed sufficient to file claims under Section 18-8 or 18-8.15
22notwithstanding any other requirements of that Section
23regarding hours of instruction and teacher certification.
24    (b) Except for a charter school established by referendum
25under Section 27A-6.5, as part of a charter school contract,



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1the charter school and the local school board shall agree on
2funding and any services to be provided by the school district
3to the charter school. Agreed funding that a charter school is
4to receive from the local school board for a school year shall
5be paid in equal quarterly installments with the payment of the
6installment for the first quarter being made not later than
7July 1, unless the charter establishes a different payment
8schedule. However, if a charter school dismisses a pupil from
9the charter school after receiving a quarterly payment, the
10charter school shall return to the school district, on a
11quarterly basis, the prorated portion of public funding
12provided for the education of that pupil for the time the
13student is not enrolled at the charter school. Likewise, if a
14pupil transfers to a charter school between quarterly payments,
15the school district shall provide, on a quarterly basis, a
16prorated portion of the public funding to the charter school to
17provide for the education of that pupil.
18    All services centrally or otherwise provided by the school
19district including, but not limited to, rent, food services,
20custodial services, maintenance, curriculum, media services,
21libraries, transportation, and warehousing shall be subject to
22negotiation between a charter school and the local school board
23and paid for out of the revenues negotiated pursuant to this
24subsection (b); provided that the local school board shall not
25attempt, by negotiation or otherwise, to obligate a charter
26school to provide pupil transportation for pupils for whom a



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1district is not required to provide transportation under the
2criteria set forth in subsection (a)(13) of Section 27A-7.
3    In no event shall the funding be less than 97% or more than
4103% of the school district's per capita student tuition
5multiplied by the number of students residing in the district
6who are enrolled in the charter school.
7    It is the intent of the General Assembly that funding and
8service agreements under this subsection (b) shall be neither a
9financial incentive nor a financial disincentive to the
10establishment of a charter school.
11    The charter school may set and collect reasonable fees.
12Fees collected from students enrolled at a charter school shall
13be retained by the charter school.
14    (c) Notwithstanding subsection (b) of this Section, the
15proportionate share of State and federal resources generated by
16students with disabilities or staff serving them shall be
17directed to charter schools enrolling those students by their
18school districts or administrative units. The proportionate
19share of moneys generated under other federal or State
20categorical aid programs shall be directed to charter schools
21serving students eligible for that aid.
22    (d) The governing body of a charter school is authorized to
23accept gifts, donations, or grants of any kind made to the
24charter school and to expend or use gifts, donations, or grants
25in accordance with the conditions prescribed by the donor;
26however, a gift, donation, or grant may not be accepted by the



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1governing body if it is subject to any condition contrary to
2applicable law or contrary to the terms of the contract between
3the charter school and the local school board. Charter schools
4shall be encouraged to solicit and utilize community volunteer
5speakers and other instructional resources when providing
6instruction on the Holocaust and other historical events.
7    (e) (Blank).
8    (f) The State Board Commission shall provide technical
9assistance to persons and groups preparing or revising charter
11    (g) At the non-renewal or revocation of its charter, each
12charter school shall refund to the local board of education all
13unspent funds.
14    (h) A charter school is authorized to incur temporary,
15short term debt to pay operating expenses in anticipation of
16receipt of funds from the local school board.
17(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
18    (105 ILCS 5/27A-11.5)
19    Sec. 27A-11.5. State financing. The State Board of
20Education shall make the following funds available to school
21districts and charter schools:
22        (1) From a separate appropriation made to the State
23    Board for purposes of this subdivision (1), the State Board
24    shall make transition impact aid available to school
25    districts that approve a new charter school or that have



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1    funds withheld by the State Board to fund a new charter
2    school that is established by referendum under Section
3    27A-6.5 chartered by the Commission. The amount of the aid
4    shall equal 90% of the per capita funding paid to the
5    charter school during the first year of its initial charter
6    term, 65% of the per capita funding paid to the charter
7    school during the second year of its initial term, and 35%
8    of the per capita funding paid to the charter school during
9    the third year of its initial term. This transition impact
10    aid shall be paid to the local school board in equal
11    quarterly installments, with the payment of the
12    installment for the first quarter being made by August 1st
13    immediately preceding the first, second, and third years of
14    the initial term. The district shall file an application
15    for this aid with the State Board in a format designated by
16    the State Board. If the appropriation is insufficient in
17    any year to pay all approved claims, the impact aid shall
18    be prorated. However, for fiscal year 2004, the State Board
19    of Education shall pay approved claims only for charter
20    schools with a valid charter granted prior to June 1, 2003.
21    If any funds remain after these claims have been paid, then
22    the State Board of Education may pay all other approved
23    claims on a pro rata basis. Transition impact aid shall be
24    paid beginning in the 1999-2000 school year for charter
25    schools that are in the first, second, or third year of
26    their initial term. Transition impact aid shall not be paid



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1    for any charter school that is proposed and created by one
2    or more boards of education, as authorized under the
3    provisions of Public Act 91-405.
4        (2) From a separate appropriation made for the purpose
5    of this subdivision (2), the State Board shall make grants
6    to charter schools to pay their start-up costs of acquiring
7    educational materials and supplies, textbooks, electronic
8    textbooks and the technological equipment necessary to
9    gain access to and use electronic textbooks, furniture, and
10    other equipment or materials needed during their initial
11    term. The State Board shall annually establish the time and
12    manner of application for these grants, which shall not
13    exceed $250 per student enrolled in the charter school.
14        (3) The Charter Schools Revolving Loan Fund is created
15    as a special fund in the State treasury. Federal funds,
16    such other funds as may be made available for costs
17    associated with the establishment of charter schools in
18    Illinois, and amounts repaid by charter schools that have
19    received a loan from the Charter Schools Revolving Loan
20    Fund shall be deposited into the Charter Schools Revolving
21    Loan Fund, and the moneys in the Charter Schools Revolving
22    Loan Fund shall be appropriated to the State Board and used
23    to provide interest-free loans to charter schools. These
24    funds shall be used to pay start-up costs of acquiring
25    educational materials and supplies, textbooks, electronic
26    textbooks and the technological equipment necessary to



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1    gain access to and use electronic textbooks, furniture, and
2    other equipment or materials needed in the initial term of
3    the charter school and for acquiring and remodeling a
4    suitable physical plant, within the initial term of the
5    charter school. Loans shall be limited to one loan per
6    charter school and shall not exceed $750 per student
7    enrolled in the charter school. A loan shall be repaid by
8    the end of the initial term of the charter school. The
9    State Board may deduct amounts necessary to repay the loan
10    from funds due to the charter school or may require that
11    the local school board that authorized the charter school
12    deduct such amounts from funds due the charter school and
13    remit these amounts to the State Board, provided that the
14    local school board shall not be responsible for repayment
15    of the loan. The State Board may use up to 3% of the
16    appropriation to contract with a non-profit entity to
17    administer the loan program.
18        (4) A charter school may apply for and receive, subject
19    to the same restrictions applicable to school districts,
20    any grant administered by the State Board that is available
21    for school districts.
22(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17.)
23    (105 ILCS 5/27A-12)
24    Sec. 27A-12. Evaluation; report. On or before September 30
25of every odd-numbered year, all local school boards with at



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1least one charter school, as well as the Commission, shall
2submit to the State Board any information required by the State
3Board pursuant to applicable rule. On or before the second
4Wednesday in January of every even-numbered year, the State
5Board shall issue a report to the General Assembly and the
6Governor on its findings for the previous 2 school years. The
7State Board's report shall summarize all of the following:
8        (1) The authorizer's strategic vision for chartering
9    and progress toward achieving that vision.
10        (2) The academic and financial performance of all
11    operating charter schools overseen by the authorizer,
12    according to the performance expectations for charter
13    schools set forth in this Article.
14        (3) The status of the authorizer's charter school
15    portfolio, identifying all charter schools in each of the
16    following categories: approved (but not yet open),
17    operating, renewed, transferred, revoked, not renewed,
18    voluntarily closed, or never opened.
19        (4) The authorizing functions provided by the
20    authorizer to the charter schools under its purview,
21    including the authorizer's operating costs and expenses
22    detailed in annual audited financial statements, which
23    must conform with generally accepted accounting
24    principles.
25    Further, in the report required by this Section, the State
26Board (i) shall compare the performance of charter school



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1pupils with the performance of ethnically and economically
2comparable groups of pupils in other public schools who are
3enrolled in academically comparable courses, (ii) shall review
4information regarding the regulations and policies from which
5charter schools were released to determine if the exemptions
6assisted or impeded the charter schools in meeting their stated
7goals and objectives, and (iii) shall include suggested changes
8in State law necessary to strengthen charter schools.
9    In addition, the State Board shall undertake and report on
10periodic evaluations of charter schools that include
11evaluations of student academic achievement, the extent to
12which charter schools are accomplishing their missions and
13goals, the sufficiency of funding for charter schools, and the
14need for changes in the approval process for charter schools.
15    Based on the information that the State Board receives from
16authorizers and the State Board's ongoing monitoring of both
17charter schools and authorizers, the State Board has the power
18to remove the power to authorize from any authorizer in this
19State if the authorizer does not demonstrate a commitment to
20high-quality authorization practices and, if necessary, revoke
21the chronically low-performing charters authorized by the
22authorizer at the time of the removal. The State Board shall
23adopt rules as needed to carry out this power, including
24provisions to determine the status of schools authorized by an
25authorizer whose authorizing power is revoked.
26(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)".