101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0106

 

Introduced 1/23/2019, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-3
105 ILCS 5/27A-7.5
105 ILCS 5/27A-7.10
105 ILCS 5/27A-8
105 ILCS 5/27A-9

    Amends the Charter Schools Law of the School Code. Provides that the State Charter School Commission has no authority to renew a charter, and removes provisions allowing the Commission to reverse a school board's decision to deny, revoke, or not renew a charter; makes related changes. Provides that if a charter school applicant submits a proposal to a school board outside of the process adopted by that school board for receiving charter school proposals on an annual basis, the applicant shall not have any right to submit its proposal to the Commission as otherwise authorized. Allows the Commission to approve an application for a charter if certain conditions are met. Provides that the Commission may condition approval of an application on the acceptance of funding in an amount less than requested. Provides that final decisions of the Commission are subject to judicial review under the Administrative Review Law. Provides that if the Commission approves an application for a charter school, then the Commission shall act as the authorized chartering entity. Provides that if the Commission is the authorized chartering entity, then the Commission shall execute a charter agreement (instead of approve the charter agreement). Provides that the Commission has no authority to approve a charter school proposal that has been denied by a school board. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0106LRB101 05962 AXK 50983 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-3, 27A-7.5, 27A-7.10, 27A-8, and 27A-9 as follows:
 
6    (105 ILCS 5/27A-3)
7    Sec. 27A-3. Definitions. For purposes of this Article:
8    "At-risk pupil" means a pupil who, because of physical,
9emotional, socioeconomic, or cultural factors, is less likely
10to succeed in a conventional educational environment.
11    "Authorizer" means an entity authorized under this Article
12to review applications, decide whether to approve or reject
13applications, enter into charter contracts with applicants,
14oversee charter schools, and decide whether to renew or , not
15renew a charter unless otherwise prohibited under this Article,
16and decide whether to , or revoke a charter.
17    "Commission" means the State Charter School Commission
18established under Section 27A-7.5 of this Code.
19    "Local school board" means the duly elected or appointed
20school board or board of education of a public school district,
21including special charter districts and school districts
22located in cities having a population of more than 500,000,
23organized under the laws of this State.

 

 

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1    "State Board" means the State Board of Education.
2(Source: P.A. 97-152, eff. 7-20-11.)
 
3    (105 ILCS 5/27A-7.5)
4    Sec. 27A-7.5. State Charter School Commission.
5    (a) A State Charter School Commission is established as an
6independent commission with statewide chartering jurisdiction
7and authority. The Commission shall be under the State Board
8for administrative purposes only.
9    (a-5) The State Board shall provide administrative support
10to the Commission as needed.
11    (b) The Commission is responsible for authorizing
12high-quality charter schools throughout this State,
13particularly schools designed to expand opportunities for
14at-risk students, consistent with the purposes of this Article.
15    (c) The Commission shall consist of 9 members, appointed by
16the State Board. The State Board shall make these appointments
17from a slate of candidates proposed by the Governor, within 60
18days after the effective date of this amendatory Act of the
1997th General Assembly with respect to the initial Commission
20members. In making the appointments, the State Board shall
21ensure statewide geographic diversity among Commission
22members. The Governor shall propose a slate of candidates to
23the State Board within 60 days after the effective date of this
24amendatory Act of the 97th General Assembly and 60 days prior
25to the expiration of the term of a member thereafter. If the

 

 

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1Governor fails to timely propose a slate of candidates
2according to the provisions of this subsection (c), then the
3State Board may appoint the member or members of the
4Commission.
5    (d) Members appointed to the Commission shall collectively
6possess strong experience and expertise in public and nonprofit
7governance, management and finance, public school leadership,
8higher education, assessments, curriculum and instruction, and
9public education law. All members of the Commission shall have
10demonstrated understanding of and a commitment to public
11education, including without limitation charter schooling. At
12least 3 members must have past experience with urban charter
13schools.
14    (e) To establish staggered terms of office, the initial
15term of office for 3 Commission members shall be 4 years and
16thereafter shall be 4 years; the initial term of office for
17another 3 members shall be 3 years and thereafter shall be 4
18years; and the initial term of office for the remaining 3
19members shall be 2 years and thereafter shall be 4 years. The
20initial appointments must be made no later than October 1,
212011.
22    (f) Whenever a vacancy on the Commission exists, the State
23Board shall appoint a member for the remaining portion of the
24term.
25    (g) Subject to the State Officials and Employees Ethics
26Act, the Commission is authorized to receive and expend gifts,

 

 

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1grants, and donations of any kind from any public or private
2entity to carry out the purposes of this Article, subject to
3the terms and conditions under which they are given, provided
4that all such terms and conditions are permissible under law.
5Funds received under this subsection (g) must be deposited into
6the State Charter School Commission Fund.
7    The State Charter School Commission Fund is created as a
8special fund in the State treasury. All money in the Fund shall
9be used, subject to appropriation, by the State Board, acting
10on behalf and with the consent of the Commission, for
11operational and administrative costs of the Commission.
12    Subject to appropriation, any funds appropriated for use by
13the State Board, acting on behalf and with the consent of the
14Commission, may be used for the following purposes, without
15limitation: personal services, contractual services, and other
16operational and administrative costs. The State Board is
17further authorized to make expenditures with respect to any
18other amounts deposited in accordance with law into the State
19Charter School Commission Fund.
20    (g-5) Funds or spending authority for the operation and
21administrative costs of the Commission shall be appropriated to
22the State Board in a separate line item. The State
23Superintendent of Education may not reduce or modify the budget
24of the Commission or use funds appropriated to the Commission
25without the approval of the Commission.
26    (h) The Commission shall operate with dedicated resources

 

 

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1and staff qualified to execute the day-to-day responsibilities
2of charter school authorizing in accordance with this Article.
3The Commission may employ and fix the compensation of such
4employees and technical assistants as it deems necessary to
5carry out its powers and duties under this Article, without
6regard to the requirements of any civil service or personnel
7statute; and may establish and administer standards of
8classification of all such persons with respect to their
9compensation, duties, performance, and tenure and enter into
10contracts of employment with such persons for such periods and
11on such terms as the Commission deems desirable.
12    (i) Every 2 years, the Commission shall provide to the
13State Board and local school boards a report on best practices
14in charter school authorizing, including without limitation
15evaluating applications, oversight of charters, and renewal of
16charter schools.
17    (j) The Commission may charge a charter school that it
18authorizes a fee, not to exceed 3% of the revenue provided to
19the school, to cover the cost of undertaking the ongoing
20administrative responsibilities of the eligible chartering
21authority with respect to the school. This fee must be
22deposited into the State Charter School Commission Fund.
23    (k) Any charter school authorized by the State Board prior
24to this amendatory Act of the 97th General Assembly shall have
25its authorization transferred to the Commission upon a vote of
26the State Board, which shall then become the school's

 

 

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1authorizer for all purposes under this Article. However, in no
2case shall such transfer take place later than July 1, 2012. At
3this time, all of the powers, duties, assets, liabilities,
4contracts, property, records, and pending business of the State
5Board as the school's authorizer must be transferred to the
6Commission. Any charter school authorized by a local school
7board or boards may seek transfer of authorization to the
8Commission during its current term only with the approval of
9the local school board or boards. At the end of its charter
10term, a charter school authorized by a local school board or
11boards must reapply to the board or boards before it may apply
12for authorization to the Commission under the terms of this
13amendatory Act of the 97th General Assembly.
14    On the effective date of this amendatory Act of the 97th
15General Assembly, all rules of the State Board applicable to
16matters falling within the responsibility of the Commission
17shall be applicable to the actions of the Commission. The
18Commission shall thereafter have the authority to propose to
19the State Board modifications to all rules applicable to
20matters falling within the responsibility of the Commission.
21The State Board shall retain rulemaking authority for the
22Commission, but shall work jointly with the Commission on any
23proposed modifications. Upon recommendation of proposed rule
24modifications by the Commission and pursuant to the Illinois
25Administrative Procedure Act, the State Board shall consider
26such changes within the intent of this amendatory Act of the

 

 

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197th General Assembly and grant any and all changes consistent
2with that intent.
3    (l) (Blank). The Commission shall have the responsibility
4to consider appeals under this Article immediately upon
5appointment of the initial members of the Commission under
6subsection (c) of this Section. Appeals pending at the time of
7initial appointment shall be determined by the Commission; the
8Commission may extend the time for review as necessary for
9thorough review, but in no case shall the extension exceed the
10time that would have been available had the appeal been
11submitted to the Commission on the date of appointment of its
12initial members. In any appeal filed with the Commission under
13this Article, both the applicant and the school district in
14which the charter school plans to locate shall have the right
15to request a hearing before the Commission. If more than one
16entity requests a hearing, then the Commission may hold only
17one hearing, wherein the applicant and the school district
18shall have an equal opportunity to present their respective
19positions.
20(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
2197-1156, eff. 1-25-13.)
 
22    (105 ILCS 5/27A-7.10)
23    Sec. 27A-7.10. Authorizer powers and duties; immunity;
24principles and standards.
25    (a) Authorizers are responsible for executing, in

 

 

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1accordance with this Article, all of the following powers and
2duties:
3        (1) Soliciting and evaluating charter applications.
4        (2) Approving quality charter applications that meet
5    identified educational needs and promote a diversity of
6    educational choices.
7        (3) Declining to approve weak or inadequate charter
8    applications.
9        (4) Negotiating and executing sound charter contracts
10    with each approved charter school.
11        (5) Monitoring, in accordance with charter contract
12    terms, the performance and legal compliance of charter
13    schools.
14        (6) Determining whether each charter contract merits
15    renewal or , nonrenewal, unless the authorizer is the
16    Commission, or merits revocation. The Commission has no
17    authority to renew a charter.
18    (b) An authorizing entity may delegate its duties to
19officers, employees, and contractors.
20    (c) Regulation by authorizers is limited to the powers and
21duties set forth in subsection (a) of this Section and must be
22consistent with the spirit and intent of this Article.
23    (d) An authorizing entity, members of the local school
24board, or the Commission, in their official capacity, and
25employees of an authorizer are immune from civil and criminal
26liability with respect to all activities related to a charter

 

 

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1school that they authorize, except for willful or wanton
2misconduct.
3    (e) The Commission and all local school boards that have a
4charter school operating are required to develop and maintain
5chartering policies and practices consistent with recognized
6principles and standards for quality charter authorizing in all
7major areas of authorizing responsibility, including all of the
8following:
9        (1) Organizational capacity and infrastructure.
10        (2) Soliciting and evaluating charter applications.
11        (3) Performance contracting.
12        (4) Ongoing charter school oversight and evaluation.
13        (5) Charter renewal decision-making.
14    Authorizers shall carry out all their duties under this
15Article in a manner consistent with nationally recognized
16principles and standards and with the spirit and intent of this
17Article.
18(Source: P.A. 97-152, eff. 7-20-11.)
 
19    (105 ILCS 5/27A-8)
20    Sec. 27A-8. Evaluation of charter proposals.
21    (a) This Section does not apply to a charter school
22established by referendum under Section 27A-6.5. In evaluating
23any charter school proposal submitted to it, the local school
24board and the Commission shall give preference to proposals
25that:

 

 

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1        (1) demonstrate a high level of local pupil, parental,
2    community, business, and school personnel support;
3        (2) set rigorous levels of expected pupil achievement
4    and demonstrate feasible plans for attaining those levels
5    of achievement; and
6        (3) are designed to enroll and serve a substantial
7    proportion of at-risk children; provided that nothing in
8    the Charter Schools Law shall be construed as intended to
9    limit the establishment of charter schools to those that
10    serve a substantial portion of at-risk children or to in
11    any manner restrict, limit, or discourage the
12    establishment of charter schools that enroll and serve
13    other pupil populations under a nonexclusive,
14    nondiscriminatory admissions policy.
15    (b) In the case of a proposal to establish a charter school
16by converting an existing public school or attendance center to
17charter school status, evidence that the proposed formation of
18the charter school has received majority support from certified
19teachers and from parents and guardians in the school or
20attendance center affected by the proposed charter, and, if
21applicable, from a local school council, shall be demonstrated
22by a petition in support of the charter school signed by
23certified teachers and a petition in support of the charter
24school signed by parents and guardians and, if applicable, by a
25vote of the local school council held at a public meeting. In
26the case of all other proposals to establish a charter school,

 

 

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1evidence of sufficient support to fill the number of pupil
2seats set forth in the proposal may be demonstrated by a
3petition in support of the charter school signed by parents and
4guardians of students eligible to attend the charter school. In
5all cases, the individuals, organizations, or entities who
6initiate the proposal to establish a charter school may elect,
7in lieu of including any petition referred to in this
8subsection as a part of the proposal submitted to the local
9school board, to demonstrate that the charter school has
10received the support referred to in this subsection by other
11evidence and information presented at the public meeting that
12the local school board is required to convene under this
13Section.
14    (c) Within 45 days of receipt of a charter school proposal,
15the local school board shall convene a public meeting to obtain
16information to assist the board in its decision to grant or
17deny the charter school proposal. A local school board may
18develop its own process for receiving charter school proposals
19on an annual basis that follows the same timeframes as set
20forth in this Article. Final decisions of a local school board
21are subject to judicial review under the Administrative Review
22Law. If a charter school applicant submits a proposal to a
23local school board outside of the process adopted by that local
24school board for receiving charter school proposals on an
25annual basis, the applicant shall not have any right to submit
26its proposal to the Commission as otherwise authorized in

 

 

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1subsections (d) and (e) of this Section. Only after the local
2school board process is followed may a charter school applicant
3appeal to the Commission.
4    (d) Notice of the public meeting required by this Section
5shall be published in a community newspaper published in the
6school district in which the proposed charter is located and,
7if there is no such newspaper, then in a newspaper published in
8the county and having circulation in the school district. The
9notices shall be published not more than 10 days nor less than
105 days before the meeting and shall state that information
11regarding a charter school proposal will be heard at the
12meeting. Copies of the notice shall also be posted at
13appropriate locations in the school or attendance center
14proposed to be established as a charter school, the public
15schools in the school district, and the local school board
16office. If 45 days pass without the local school board holding
17a public meeting, then the charter applicant may submit the
18proposal to the Commission, where it must be addressed in
19accordance with the provisions set forth in subsection (g) of
20this Section.
21    (e) Within 30 days of the public meeting, the local school
22board shall vote, in a public meeting, to either grant or deny
23the charter school proposal. If the local school board has not
24voted in a public meeting within 30 days after the public
25meeting, then the charter applicant may submit the proposal to
26the Commission, where it must be addressed in accordance with

 

 

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1the provisions set forth in subsection (g) of this Section.
2    (f) Within 7 days of the public meeting required under
3subsection (e) of this Section, the local school board shall
4file a report with the State Board granting or denying the
5proposal. If the local school board has approved the proposal,
6within 30 days of receipt of the local school board's report,
7the State Board shall determine whether the approved charter
8proposal is consistent with the provisions of this Article and,
9if the approved proposal complies, certify the proposal
10pursuant to Section 27A-6.
11    (g) If the charter applicant submits the proposal to the
12Commission as authorized the local school board votes to deny
13the proposal, then the charter school applicant has 30 days
14from the date of that vote to submit an appeal to the
15Commission. In such instances or in those instances referenced
16in subsections (d), and (e), and (i) of this Section, the
17Commission shall follow the same process and be subject to the
18same timelines for review as the local school board.
19    (h) The Commission may approve a charter school proposal
20submitted to it in accordance with subsection (d), (e), or (i)
21of this Section The Commission may reverse a local school
22board's decision to deny a charter school proposal if the
23Commission finds that the proposal (i) is in compliance with
24this Article and (ii) is in the best interests of the students
25the charter school is designed to serve. Final decisions of the
26Commission are subject to judicial review under the

 

 

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1Administrative Review Law.
2    (i) In the case of a charter school proposed to be jointly
3authorized by 2 or more school districts, the local school
4boards may unanimously deny the charter school proposal with a
5statement that the local school boards are not opposed to the
6charter school, but that they yield to the Commission in light
7of the complexities of joint administration, in which case the
8charter applicant may submit the proposal to the Commission,
9where it must be addressed in accordance with the provisions
10set forth in subsection (g) of this Section.
11(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
1296-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
 
13    (105 ILCS 5/27A-9)
14    Sec. 27A-9. Term of charter; renewal.
15    (a) For charters granted before January 1, 2017 (the
16effective date of Public Act 99-840), a charter may be granted
17for a period not less than 5 and not more than 10 school years.
18For charters granted on or after January 1, 2017 (the effective
19date of Public Act 99-840), a charter shall be granted for a
20period of 5 school years. For charters renewed before January
211, 2017 (the effective date of Public Act 99-840), a charter
22may be renewed in incremental periods not to exceed 5 school
23years. For charters renewed on or after January 1, 2017 (the
24effective date of Public Act 99-840), a charter may be renewed
25in incremental periods not to exceed 10 school years; however,

 

 

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1the Commission may renew a charter only in incremental periods
2not to exceed 5 years and has no authority to renew a charter
3beginning on the effective date of this amendatory Act of the
4101st General Assembly. Instead, a charter school authorized by
5the Commission must reapply to the local school board or boards
6at the end of its charter term.
7    Authorizers shall ensure that every charter granted on or
8after January 1, 2017 (the effective date of Public Act 99-840)
9includes standards and goals for academic, organizational, and
10financial performance. A charter must meet all standards and
11goals for academic, organizational, and financial performance
12set forth by the authorizer in order to be renewed for a term
13in excess of 5 years but not more than 10 years. If an
14authorizer fails to establish standards and goals, a charter
15shall not be renewed for a term in excess of 5 years. Nothing
16contained in this Section shall require an authorizer to grant
17a full 10-year renewal term to any particular charter school,
18but an authorizer may award a full 10-year renewal term to
19charter schools that have a demonstrated track record of
20improving student performance. Renewals under this paragraph
21may not be made by the Commission.
22    (b) A charter school renewal proposal submitted to the
23local school board or the Commission, as the chartering entity,
24shall contain:
25        (1) a 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 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 is the chartering entity) if the local school
11board or revoked (if the Commission is the chartering entity)
12if , as the chartering entity, clearly demonstrates that the
13charter school did any of the following, or otherwise failed to
14comply 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
26Commission, as the chartering entity, shall notify the charter

 

 

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

 

 

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1appeal on the acceptance by the charter school of funding in an
2amount less than that requested in the proposal submitted to
3the local school board. Final decisions of the Commission are
4shall be subject to judicial review under the Administrative
5Review Law.
6    (f) Notwithstanding other provisions of this Article, if
7the Commission approves an application for a charter school
8submitted to it in accordance with this Article or on appeal
9reverses a local board's decision or if a charter school is
10approved by referendum under Section 27A-6.5 of this Code, the
11Commission shall act as the authorized chartering entity for
12the charter school. The Commission shall execute a approve the
13charter agreement and shall perform all functions under this
14Article otherwise performed by the local school board. The
15State Board shall determine whether the charter proposal
16approved by the Commission is consistent with the provisions of
17this Article and, if the approved proposal complies, certify
18the proposal pursuant to this Article. The State Board shall
19report the aggregate number of charter school pupils resident
20in a school district to that district and shall notify the
21district of the amount of funding to be paid by the State Board
22to the charter school enrolling such students. The Commission
23shall require the charter school to maintain accurate records
24of daily attendance that shall be deemed sufficient to file
25claims under Section 18-8.05 or 18-8.15 notwithstanding any
26other requirements of that Section regarding hours of

 

 

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1instruction and teacher certification. The State Board shall
2withhold from funds otherwise due the district the funds
3authorized by this Article to be paid to the charter school and
4shall pay such amounts to the charter school.
5    (g) For charter schools authorized by the Commission, the
6Commission shall quarterly certify to the State Board the
7student enrollment for each of its charter schools.
8    (h) For charter schools authorized by the Commission, the
9State Board shall pay directly to a charter school any federal
10or State aid attributable to a student with a disability
11attending the school.
12    (i) The Commission has no authority under subsection (e) of
13this Section to approve a charter school proposal that has been
14denied by the local school board.
15(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
16100-465, eff. 8-31-17.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.