Rep. André Thapedi

Filed: 4/19/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5918

2    AMENDMENT NO. ______. Amend House Bill 5918 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1renewed on or after the effective date of this amendatory Act
2of the 99th General Assembly, a charter may be renewed in
3incremental periods not to exceed 10 school years. A charter
4school must meet all standards for academic, organizational,
5and financial performance set forth by the authorizer in order
6to be renewed for a full term of 10 years. In making the
7decision to grant a full 10-year renewal term, the authorizer
8shall ensure that the academic performance of the charter
9school meets or exceeds the academic goals set forth in the
10charter contract. Nothing contained in this Section shall
11require an authorizer to grant a full 10-year renewal term to
12any particular charter school, but an authorizer may award a
13full 10-year renewal term to charter schools that have a
14demonstrated track record of improving student performance.
15    (b) A charter school renewal proposal submitted to the
16local school board or the Commission, as the chartering entity,
17shall contain:
18        (1) A report on the progress of the charter school in
19    achieving the goals, objectives, pupil performance
20    standards, content standards, and other terms of the
21    initial approved charter proposal; and
22        (2) A financial statement that discloses the costs of
23    administration, instruction, and other spending categories
24    for the charter school that is understandable to the
25    general public and that will allow comparison of those
26    costs to other schools or other comparable organizations,

 

 

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1    in a format required by the State Board.
2    (c) A charter may be revoked or not renewed if the local
3school board or the Commission, as the chartering entity,
4clearly demonstrates that the charter school did any of the
5following, or otherwise failed to comply with the requirements
6of this law:
7        (1) Committed a material violation of any of the
8    conditions, standards, or procedures set forth in the
9    charter.
10        (2) Failed to meet or make reasonable progress toward
11    achievement of the content standards or pupil performance
12    standards identified in the charter.
13        (3) Failed to meet generally accepted standards of
14    fiscal management.
15        (4) Violated any provision of law from which the
16    charter school was not exempted.
17    In the case of revocation, the local school board or the
18Commission, as the chartering entity, shall notify the charter
19school in writing of the reason why the charter is subject to
20revocation. The charter school shall submit a written plan to
21the local school board or the Commission, whichever is
22applicable, to rectify the problem. The plan shall include a
23timeline for implementation, which shall not exceed 2 years or
24the date of the charter's expiration, whichever is earlier. If
25the local school board or the Commission, as the chartering
26entity, finds that the charter school has failed to implement

 

 

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1the plan of remediation and adhere to the timeline, then the
2chartering entity shall revoke the charter. Except in
3situations of an emergency where the health, safety, or
4education of the charter school's students is at risk, the
5revocation shall take place at the end of a school year.
6Nothing in this amendatory Act of the 96th General Assembly
7shall be construed to prohibit an implementation timetable that
8is less than 2 years in duration.
9    (d) (Blank).
10    (e) Notice of a local school board's decision to deny,
11revoke or not to renew a charter shall be provided to the
12Commission and the State Board. The Commission may reverse a
13local board's decision if the Commission finds that the charter
14school or charter school proposal (i) is in compliance with
15this Article, and (ii) is in the best interests of the students
16it is designed to serve. The Commission may condition the
17granting of an appeal on the acceptance by the charter school
18of funding in an amount less than that requested in the
19proposal submitted to the local school board. Final decisions
20of the Commission shall be subject to judicial review under the
21Administrative Review Law.
22    (f) Notwithstanding other provisions of this Article, if
23the Commission on appeal reverses a local board's decision or
24if a charter school is approved by referendum, the Commission
25shall act as the authorized chartering entity for the charter
26school. The Commission shall approve the charter and shall

 

 

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1perform all functions under this Article otherwise performed by
2the local school board. The State Board shall determine whether
3the charter proposal approved by the Commission is consistent
4with the provisions of this Article and, if the approved
5proposal complies, certify the proposal pursuant to this
6Article. The State Board shall report the aggregate number of
7charter school pupils resident in a school district to that
8district and shall notify the district of the amount of funding
9to be paid by the State Board to the charter school enrolling
10such students. The Commission shall require the charter school
11to maintain accurate records of daily attendance that shall be
12deemed sufficient to file claims under Section 18-8.05
13notwithstanding any other requirements of that Section
14regarding hours of instruction and teacher certification. The
15State Board shall withhold from funds otherwise due the
16district the funds authorized by this Article to be paid to the
17charter school and shall pay such amounts to the charter
18school.
19    (g) For charter schools authorized by the Commission, the
20Commission shall quarterly certify to the State Board the
21student enrollment for each of its charter schools.
22    (h) For charter schools authorized by the Commission, the
23State Board shall pay directly to a charter school any federal
24or State aid attributable to a student with a disability
25attending the school.
26(Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
 

 

 

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1    (105 ILCS 5/27A-11.5)
2    Sec. 27A-11.5. State financing. The State Board of
3Education shall make the following funds available to school
4districts and charter schools:
5        (1) From a separate appropriation made to the State
6    Board for purposes of this subdivision (1), the State Board
7    shall make transition impact aid available to school
8    districts that approve a new charter school or that have
9    funds withheld by the State Board to fund a new charter
10    school that is chartered by the Commission. The amount of
11    the aid shall equal 90% of the per capita funding paid to
12    the charter school during the first year of its initial
13    charter term, 65% of the per capita funding paid to the
14    charter school during the second year of its initial term,
15    and 35% of the per capita funding paid to the charter
16    school during the third year of its initial term. This
17    transition impact aid shall be paid to the local school
18    board in equal quarterly installments, with the payment of
19    the installment for the first quarter being made by August
20    1st immediately preceding the first, second, and third
21    years of the initial term. The district shall file an
22    application for this aid with the State Board in a format
23    designated by the State Board. If the appropriation is
24    insufficient in any year to pay all approved claims, the
25    impact aid shall be prorated. However, for fiscal year

 

 

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1    2004, the State Board of Education shall pay approved
2    claims only for charter schools with a valid charter
3    granted prior to June 1, 2003. If any funds remain after
4    these claims have been paid, then the State Board of
5    Education may pay all other approved claims on a pro rata
6    basis. Transition impact aid shall be paid beginning in the
7    1999-2000 school year for charter schools that are in the
8    first, second, or third year of their initial term.
9    Transition impact aid shall not be paid for any charter
10    school that is proposed and created by one or more boards
11    of education, as authorized under the provisions of Public
12    Act 91-405.
13        (2) From a separate appropriation made for the purpose
14    of this subdivision (2), the State Board shall make grants
15    to charter schools to pay their start-up costs of acquiring
16    educational materials and supplies, textbooks, electronic
17    textbooks and the technological equipment necessary to
18    gain access to and use electronic textbooks, furniture, and
19    other equipment or materials needed during their initial
20    term. The State Board shall annually establish the time and
21    manner of application for these grants, which shall not
22    exceed $250 per student enrolled in the charter school.
23        (3) The Charter Schools Revolving Loan Fund is created
24    as a special fund in the State treasury. Federal funds,
25    such other funds as may be made available for costs
26    associated with the establishment of charter schools in

 

 

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1    Illinois, and amounts repaid by charter schools that have
2    received a loan from the Charter Schools Revolving Loan
3    Fund shall be deposited into the Charter Schools Revolving
4    Loan Fund, and the moneys in the Charter Schools Revolving
5    Loan Fund shall be appropriated to the State Board and used
6    to provide interest-free loans to charter schools. These
7    funds shall be used to pay start-up costs of acquiring
8    educational materials and supplies, textbooks, electronic
9    textbooks and the technological equipment necessary to
10    gain access to and use electronic textbooks, furniture, and
11    other equipment or materials needed in the initial term of
12    the charter school and for acquiring and remodeling a
13    suitable physical plant, within the initial term of the
14    charter school. Loans shall be limited to one loan per
15    charter school and shall not exceed $750 $250 per student
16    enrolled in the charter school. A loan shall be repaid by
17    the end of the initial term of the charter school. The
18    State Board may deduct amounts necessary to repay the loan
19    from funds due to the charter school or may require that
20    the local school board that authorized the charter school
21    deduct such amounts from funds due the charter school and
22    remit these amounts to the State Board, provided that the
23    local school board shall not be responsible for repayment
24    of the loan. The State Board may use up to 3% of the
25    appropriation to contract with a non-profit entity to
26    administer the loan program.

 

 

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1        (4) A charter school may apply for and receive, subject
2    to the same restrictions applicable to school districts,
3    any grant administered by the State Board that is available
4    for school districts.
5(Source: P.A. 98-739, eff. 7-16-14.)".