99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5918

 

Introduced , by Rep. André M. Thapedi

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-9
105 ILCS 5/27A-11.5

    Amends the Charter Schools Law of the School Code. Provides that a charter shall be granted for a period of 5 school years (instead of may be granted for a period not less than 5 and not more than 10 school years) and may be renewed in incremental periods not to exceed 10 (instead of 5) school years. With respect to start-up grants and loans from the Charter Schools Revolving Loan Fund, makes changes concerning their use and the maximum amount that may be awarded. Provides that (i) an additional charter school campus of a replicating charter school is eligible to receive a loan; (ii) if a charter school is located in a building owned by its school district, the State Board of Education shall award 10% of the loan for that charter school to the district; (iii) the State Board may prioritize awarding loan funds to charter schools located in buildings owned by their school district; and (iv) a charter school is responsible for repaying only the loan amount that the charter school received. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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-9 and 27A-11.5 as follows:
 
6    (105 ILCS 5/27A-9)
7    Sec. 27A-9. Term of charter; renewal.
8    (a) For charters granted before the effective date of this
9amendatory Act of the 99th General Assembly, a A charter may be
10granted for a period not less than 5 and not more than 10
11school years. For charters granted on or after the effective
12date of this amendatory Act of the 99th General Assembly, a
13charter shall be granted for a period of 5 school years. For
14charters renewed before the effective date of this amendatory
15Act of the 99th General Assembly, a A charter may be renewed in
16incremental periods not to exceed 5 school years. For charters
17renewed on or after the effective date of this amendatory Act
18of the 99th General Assembly, a charter may be renewed in
19incremental periods not to exceed 10 school years.
20    (b) A charter school renewal proposal submitted to the
21local school board or the Commission, as the chartering entity,
22shall contain:
23        (1) A report on the progress of the charter school in

 

 

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1    achieving the goals, objectives, pupil performance
2    standards, content standards, and other terms of the
3    initial approved charter proposal; and
4        (2) A financial statement that discloses the costs of
5    administration, instruction, and other spending categories
6    for the charter school that is understandable to the
7    general public and that will allow comparison of those
8    costs to other schools or other comparable organizations,
9    in a format required by the State Board.
10    (c) A charter may be revoked or not renewed if the local
11school board or the Commission, as the chartering entity,
12clearly demonstrates that the charter school did any of the
13following, or otherwise failed to comply with the requirements
14of 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 this amendatory Act of the 96th General Assembly
15shall be construed to prohibit an implementation timetable that
16is less than 2 years in duration.
17    (d) (Blank).
18    (e) Notice of a local school board's decision to deny,
19revoke or not to renew a charter shall be provided to the
20Commission and the State Board. The Commission may reverse a
21local board's decision if the Commission finds that the charter
22school or charter school proposal (i) is in compliance with
23this Article, and (ii) is in the best interests of the students
24it is designed to serve. The Commission may condition the
25granting of an appeal on the acceptance by the charter school
26of funding in an amount less than that requested in the

 

 

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

 

 

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1    (g) For charter schools authorized by the Commission, the
2Commission shall quarterly certify to the State Board the
3student enrollment for each of its charter schools.
4    (h) For charter schools authorized by the Commission, the
5State Board shall pay directly to a charter school any federal
6or State aid attributable to a student with a disability
7attending the school.
8(Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
 
9    (105 ILCS 5/27A-11.5)
10    Sec. 27A-11.5. State financing. The State Board of
11Education shall make the following funds available to school
12districts and charter schools:
13        (1) From a separate appropriation made to the State
14    Board for purposes of this subdivision (1), the State Board
15    shall make transition impact aid available to school
16    districts that approve a new charter school or that have
17    funds withheld by the State Board to fund a new charter
18    school that is chartered by the Commission. The amount of
19    the aid shall equal 90% of the per capita funding paid to
20    the charter school during the first year of its initial
21    charter term, 65% of the per capita funding paid to the
22    charter school during the second year of its initial term,
23    and 35% of the per capita funding paid to the charter
24    school during the third year of its initial term. This
25    transition impact aid shall be paid to the local school

 

 

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1    board in equal quarterly installments, with the payment of
2    the installment for the first quarter being made by August
3    1st immediately preceding the first, second, and third
4    years of the initial term. The district shall file an
5    application for this aid with the State Board in a format
6    designated by the State Board. If the appropriation is
7    insufficient in any year to pay all approved claims, the
8    impact aid shall be prorated. However, for fiscal year
9    2004, the State Board of Education shall pay approved
10    claims only for charter schools with a valid charter
11    granted prior to June 1, 2003. If any funds remain after
12    these claims have been paid, then the State Board of
13    Education may pay all other approved claims on a pro rata
14    basis. Transition impact aid shall be paid beginning in the
15    1999-2000 school year for charter schools that are in the
16    first, second, or third year of their initial term.
17    Transition impact aid shall not be paid for any charter
18    school that is proposed and created by one or more boards
19    of education, as authorized under the provisions of Public
20    Act 91-405.
21        (2) From a separate appropriation made for the purpose
22    of this subdivision (2), the State Board shall make grants
23    to charter schools to pay their start-up costs of acquiring
24    educational materials and supplies, textbooks, electronic
25    textbooks and the technological equipment necessary to
26    gain access to and use electronic textbooks, furniture, and

 

 

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1    other equipment or materials needed during their initial
2    term. The State Board shall annually establish the time and
3    manner of application for these grants, which shall not
4    exceed $750 $250 per student enrolled in the charter
5    school.
6        (3) The Charter Schools Revolving Loan Fund is created
7    as a special fund in the State treasury. Federal funds,
8    such other funds as may be made available for costs
9    associated with the establishment of charter schools in
10    Illinois, and amounts repaid by charter schools that have
11    received a loan from the Charter Schools Revolving Loan
12    Fund shall be deposited into the Charter Schools Revolving
13    Loan Fund, and the moneys in the Charter Schools Revolving
14    Loan Fund shall be appropriated to the State Board and used
15    to provide interest-free loans to charter schools. These
16    funds shall be used to pay start-up costs of acquiring
17    educational materials and supplies, textbooks, electronic
18    textbooks and the technological equipment necessary to
19    gain access to and use electronic textbooks, furniture, and
20    other equipment or materials needed in the initial term of
21    the charter school and for acquiring and remodeling a
22    suitable physical plant, within the initial term of the
23    charter school. Loans shall be limited to one loan per
24    charter school and shall not exceed $750 $250 per student
25    enrolled in the charter school. For the purposes of this
26    subdivision (3), an additional charter school campus of a

 

 

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1    replicating charter school is eligible to receive a loan.
2    If a charter school is located in a building owned by its
3    school district, the State Board shall award 10% of the
4    loan for that charter school to the district. The State
5    Board may prioritize awarding loan funds to charter schools
6    located in buildings owned by their school district. A loan
7    shall be repaid by the end of the initial term of the
8    charter school. The charter school is responsible for
9    repaying only the loan amount that the charter school
10    received. The State Board may deduct amounts necessary to
11    repay the loan from funds due to the charter school or may
12    require that the local school board that authorized the
13    charter school deduct such amounts from funds due the
14    charter school and remit these amounts to the State Board,
15    provided that the local school board shall not be
16    responsible for repayment of the loan except for that
17    portion of the loan, if any, the State Board awarded
18    directly to the school district. The State Board may use up
19    to 3% of the appropriation to contract with a non-profit
20    entity to administer the loan program.
21        (4) A charter school may apply for and receive, subject
22    to the same restrictions applicable to school districts,
23    any grant administered by the State Board that is available
24    for school districts.
25(Source: P.A. 98-739, eff. 7-16-14.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.