Illinois General Assembly - Full Text of HB2100
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Full Text of HB2100  101st General Assembly




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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 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8Section is repealed on July 31, 2020.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:
15    "At-risk pupil" means a pupil who, because of physical,
16emotional, socioeconomic, or cultural factors, is less likely
17to succeed in a conventional educational environment.
18    "Authorizer" means an entity authorized under this Article
19to review applications, decide whether to approve or reject
20applications, enter into charter contracts with applicants,
21oversee charter schools, and decide whether to renew, not



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1renew, or revoke a charter.
2    "Commission" means the State Charter School Commission
3established under Section 27A-7.5 of this Code.
4    "Local school board" means the duly elected or appointed
5school board or board of education of a public school district,
6including special charter districts and school districts
7located in cities having a population of more than 500,000,
8organized under the laws of this State.
9    "State Board" means the State Board of Education.
10(Source: P.A. 97-152, eff. 7-20-11.)
11    (105 ILCS 5/27A-5)
12    Sec. 27A-5. Charter school; legal entity; requirements.
13    (a) A charter school shall be a public, nonsectarian,
14nonreligious, non-home based, and non-profit school. A charter
15school shall be organized and operated as a nonprofit
16corporation or other discrete, legal, nonprofit entity
17authorized under the laws of the State of Illinois.
18    (b) A charter school may be established under this Article
19by creating a new school or by converting an existing public
20school or attendance center to charter school status. Beginning
21on April 16, 2003 (the effective date of Public Act 93-3), in
22all new applications to establish a charter school in a city
23having a population exceeding 500,000, operation of the charter
24school shall be limited to one campus. The changes made to this
25Section by Public Act 93-3 do not apply to charter schools



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1existing or approved on or before April 16, 2003 (the effective
2date of Public Act 93-3).
3    (b-5) In this subsection (b-5), "virtual-schooling" means
4a cyber school where students engage in online curriculum and
5instruction via the Internet and electronic communication with
6their teachers at remote locations and with students
7participating at different times.
8    From April 1, 2013 through December 31, 2016, there is a
9moratorium on the establishment of charter schools with
10virtual-schooling components in school districts other than a
11school district organized under Article 34 of this Code. This
12moratorium does not apply to a charter school with
13virtual-schooling components existing or approved prior to
14April 1, 2013 or to the renewal of the charter of a charter
15school with virtual-schooling components already approved
16prior to April 1, 2013.
17    On or before March 1, 2014, the Commission shall submit to
18the General Assembly a report on the effect of
19virtual-schooling, including without limitation the effect on
20student performance, the costs associated with
21virtual-schooling, and issues with oversight. The report shall
22include policy recommendations for virtual-schooling.
23    (c) A charter school shall be administered and governed by
24its board of directors or other governing body in the manner
25provided in its charter. The governing body of a charter school
26shall be subject to the Freedom of Information Act and the Open



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1Meetings Act.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and school
8personnel. "Non-curricular health and safety requirement" does
9not include any course of study or specialized instructional
10requirement for which the State Board has established goals and
11learning standards or which is designed primarily to impart
12knowledge and skills for students to master and apply as an
13outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall be
20updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)



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1precludes an authorizer from including non-curricular health
2and safety requirements in a charter school contract that are
3not contained in the list promulgated by the State Board,
4including non-curricular health and safety requirements of the
5authorizing local school board.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. To ensure financial accountability for the use of
16public funds, on or before December 1 of every year of
17operation, each charter school shall submit to its authorizer
18and the State Board a copy of its audit and a copy of the Form
19990 the charter school filed that year with the federal
20Internal Revenue Service. In addition, if deemed necessary for
21proper financial oversight of the charter school, an authorizer
22may require quarterly financial statements from each charter
24    (g) A charter school shall comply with all provisions of
25this Article, the Illinois Educational Labor Relations Act, all
26federal and State laws and rules applicable to public schools



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1that pertain to special education and the instruction of
2English learners, and its charter. A charter school is exempt
3from all other State laws and regulations in this Code
4governing public schools and local school board policies;
5however, a charter school is not exempt from the following:
6        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
7    criminal history records checks and checks of the Statewide
8    Sex Offender Database and Statewide Murderer and Violent
9    Offender Against Youth Database of applicants for
10    employment;
11        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
12    34-84a of this Code regarding discipline of students;
13        (3) the Local Governmental and Governmental Employees
14    Tort Immunity Act;
15        (4) Section 108.75 of the General Not For Profit
16    Corporation Act of 1986 regarding indemnification of
17    officers, directors, employees, and agents;
18        (5) the Abused and Neglected Child Reporting Act;
19        (5.5) subsection (b) of Section 10-23.12 and
20    subsection (b) of Section 34-18.6 of this Code;
21        (6) the Illinois School Student Records Act;
22        (7) Section 10-17a of this Code regarding school report
23    cards;
24        (8) the P-20 Longitudinal Education Data System Act;
25        (9) Section 27-23.7 of this Code regarding bullying
26    prevention;



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1        (10) Section 2-3.162 of this Code regarding student
2    discipline reporting;
3        (11) Sections 22-80 and 27-8.1 of this Code;
4        (12) Sections 10-20.60 and 34-18.53 of this Code;
5        (13) Sections 10-20.63 and 34-18.56 of this Code; and
6        (14) Section 26-18 of this Code; and
7        (15) Section 22-30 of this Code.
8    The change made by Public Act 96-104 to this subsection (g)
9is declaratory of existing law.
10    (h) A charter school may negotiate and contract with a
11school district, the governing body of a State college or
12university or public community college, or any other public or
13for-profit or nonprofit private entity for: (i) the use of a
14school building and grounds or any other real property or
15facilities that the charter school desires to use or convert
16for use as a charter school site, (ii) the operation and
17maintenance thereof, and (iii) the provision of any service,
18activity, or undertaking that the charter school is required to
19perform in order to carry out the terms of its charter.
20However, a charter school that is established on or after April
2116, 2003 (the effective date of Public Act 93-3) and that
22operates in a city having a population exceeding 500,000 may
23not contract with a for-profit entity to manage or operate the
24school during the period that commences on April 16, 2003 (the
25effective date of Public Act 93-3) and concludes at the end of
26the 2004-2005 school year. Except as provided in subsection (i)



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1of this Section, a school district may charge a charter school
2reasonable rent for the use of the district's buildings,
3grounds, and facilities. Any services for which a charter
4school contracts with a school district shall be provided by
5the district at cost. Any services for which a charter school
6contracts with a local school board or with the governing body
7of a State college or university or public community college
8shall be provided by the public entity at cost.
9    (i) In no event shall a charter school that is established
10by converting an existing school or attendance center to
11charter school status be required to pay rent for space that is
12deemed available, as negotiated and provided in the charter
13agreement, in school district facilities. However, all other
14costs for the operation and maintenance of school district
15facilities that are used by the charter school shall be subject
16to negotiation between the charter school and the local school
17board and shall be set forth in the charter.
18    (j) A charter school may limit student enrollment by age or
19grade level.
20    (k) If the charter school is approved by the State Board
21Commission, then the State Board Commission charter school is
22its own local education agency.
23(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
24eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
2599-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
26100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.



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11-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
2eff. 8-14-18; revised 10-5-18.)
3    (105 ILCS 5/27A-6.5)
4    Sec. 27A-6.5. Charter school referendum.
5    (a) No charter shall go into effect under this Section that
6would convert any existing private, parochial, or non-public
7school to a charter school or whose proposal has not been
8certified by the State Board.
9    (b) A local school board shall, whenever petitioned to do
10so by 5% or more of the voters of a school district or
11districts identified in a charter school proposal, order
12submitted to the voters thereof at a regularly scheduled
13election the question of whether a new charter school shall be
14established, which proposal has been found by the State Board
15Commission to be in compliance with the provisions of this
16Article, and the secretary shall certify the proposition to the
17proper election authorities for submission in accordance with
18the general election law. The proposition shall be in
19substantially the following form:
20        "FOR the establishment of (name of proposed charter
21    school) under charter school proposal (charter school
22    proposal number).
23        AGAINST the establishment of (name of proposed charter
24    school) under charter school proposal (charter school
25    proposal number)".



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1    (c) Before circulating a petition to submit the question of
2whether to establish a charter school to the voters under
3subsection (b) of this Section, the governing body of a
4proposed charter school that desires to establish a new charter
5school by referendum shall submit the charter school proposal
6to the State Board Commission in the form of a proposed
7contract to be entered into between the State Board Commission
8and the governing body of the proposed charter school, together
9with written notice of the intent to have a new charter school
10established by referendum. The contract shall comply with the
11provisions of this Article.
12    If the State Board Commission finds that the proposed
13contract complies with the provisions of this Article, it shall
14immediately direct the local school board to notify the proper
15election authorities that the question of whether to establish
16a new charter school shall be submitted for referendum.
17    (d) If the State Board Commission finds that the proposal
18fails to comply with the provisions of this Article, it shall
19provide written explanation, detailing its reasons for
20refusal, to the local school board and to the individuals or
21organizations submitting the proposal. The State Board
22Commission shall also notify the local school board and the
23individuals or organizations submitting the proposal that the
24proposal may be amended and resubmitted under the same
25provisions required for an original submission.
26    (e) If a majority of the votes cast upon the proposition in



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1each school district designated in the charter school proposal
2is in favor of establishing a charter school, the local school
3board shall notify the State Board and the Commission of the
4passage of the proposition in favor of establishing a charter
5school and the State Board Commission shall approve the charter
6within 7 days after the State Board of Elections has certified
7that a majority of the votes cast upon the proposition is in
8favor of establishing a charter school. The State Board
9Commission shall be the chartering entity for charter schools
10established by referendum under this Section.
11    (f) (Blank). The State Board shall determine whether the
12charter proposal approved by the Commission is consistent with
13the provisions of this Article and, if the approved proposal
14complies, certify the proposal pursuant to this Article.
15(Source: P.A. 98-739, eff. 7-16-14.)
16    (105 ILCS 5/27A-7.5)
17    Sec. 27A-7.5. State Charter School Commission abolished;
18transfer to State Board.
19    (a) On July 1, 2020, the A State Charter School Commission
20is abolished and the terms of all members end. On that date,
21all of the powers, duties, assets, liabilities, contracts,
22property, records, and pending business of the Commission are
23transferred to the State Board. For purposes of the Successor
24Agency Act and Section 9b of the State Finance Act, the State
25Board is declared to be the successor agency of the Commission.



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1Beginning on July 1, 2020, references in statutes, rules,
2forms, and other documents to the Commission shall, in
3appropriate contexts, be deemed to refer to the State Board.
4Standards and procedures of the Commission in effect on July 1,
52020 shall be deemed standards and procedures of the State
6Board and shall remain in effect until amended or repealed by
7the State Board. established as an independent commission with
8statewide chartering jurisdiction and authority. The
9Commission shall be under the State Board for administrative
10purposes only.
11    (a-5) The State Board shall provide administrative support
12to the Commission as needed.
13    (b) The Commission is responsible for authorizing
14high-quality charter schools throughout this State,
15particularly schools designed to expand opportunities for
16at-risk students, consistent with the purposes of this Article.
17    (c) The Commission shall consist of 9 members, appointed by
18the State Board. The State Board shall make these appointments
19from a slate of candidates proposed by the Governor, within 60
20days after the effective date of this amendatory Act of the
2197th General Assembly with respect to the initial Commission
22members. In making the appointments, the State Board shall
23ensure statewide geographic diversity among Commission
24members. The Governor shall propose a slate of candidates to
25the State Board within 60 days after the effective date of this
26amendatory Act of the 97th General Assembly and 60 days prior



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1to the expiration of the term of a member thereafter. If the
2Governor fails to timely propose a slate of candidates
3according to the provisions of this subsection (c), then the
4State Board may appoint the member or members of the
6    (d) Members appointed to the Commission shall collectively
7possess strong experience and expertise in public and nonprofit
8governance, management and finance, public school leadership,
9higher education, assessments, curriculum and instruction, and
10public education law. All members of the Commission shall have
11demonstrated understanding of and a commitment to public
12education, including without limitation charter schooling. At
13least 3 members must have past experience with urban charter
15    (e) To establish staggered terms of office, the initial
16term of office for 3 Commission members shall be 4 years and
17thereafter shall be 4 years; the initial term of office for
18another 3 members shall be 3 years and thereafter shall be 4
19years; and the initial term of office for the remaining 3
20members shall be 2 years and thereafter shall be 4 years. The
21initial appointments must be made no later than October 1,
23    (f) Whenever a vacancy on the Commission exists, the State
24Board shall appoint a member for the remaining portion of the
26    (g) Subject to the State Officials and Employees Ethics



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1Act, the Commission is authorized to receive and expend gifts,
2grants, and donations of any kind from any public or private
3entity to carry out the purposes of this Article, subject to
4the terms and conditions under which they are given, provided
5that all such terms and conditions are permissible under law.
6Funds received under this subsection (g) must be deposited into
7the State Charter School Commission Fund.
8    (b) The State Charter School Commission Fund is created as
9a special fund in the State treasury. All money in the Fund
10shall be used, subject to appropriation, by the State Board,
11acting on behalf and with the consent of the Commission, for
12operational and administrative costs of the Commission. On July
131, 2020, the State Comptroller shall order transferred and the
14State Treasurer shall transfer all money in the State Charter
15School Commission Fund to the State Board of Education Special
16Purpose Trust Fund.
17    Subject to appropriation, any funds appropriated for use by
18the State Board, acting on behalf and with the consent of the
19Commission, may be used for the following purposes, without
20limitation: personal services, contractual services, and other
21operational and administrative costs. The State Board is
22further authorized to make expenditures with respect to any
23other amounts deposited in accordance with law into the State
24Charter School Commission Fund.
25    (b-5) Beginning on July 1, 2020, the State Board of
26Education may charge a charter school that it authorizes a fee



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1not to exceed 3% of the revenue provided to the school to be
2used exclusively for covering the cost of authorizing
3activities. Authorizing activities may include, but are not
4limited to: (i) soliciting, reviewing, and taking action on
5charter school proposals; (ii) hiring, training, and
6supervising staff engaged in authorizing activities; (iii)
7developing and conducting oversight, including regular
8monitoring, of authorized charter schools; (iv) reporting on
9best practices and performances of charter schools; (v)
10applying for, managing, and distributing grants and funds
11appropriated for charter schools and authorizing activities;
12(vi) training members of the State Board on their authorizing
13roles; and (vii) training other employees of the State Board on
14how to work with charter schools as their own local education
16    (g-5) Funds or spending authority for the operation and
17administrative costs of the Commission shall be appropriated to
18the State Board in a separate line item. The State
19Superintendent of Education may not reduce or modify the budget
20of the Commission or use funds appropriated to the Commission
21without the approval of the Commission.
22    (h) The Commission shall operate with dedicated resources
23and staff qualified to execute the day-to-day responsibilities
24of charter school authorizing in accordance with this Article.
25The Commission may employ and fix the compensation of such
26employees and technical assistants as it deems necessary to



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1carry out its powers and duties under this Article, without
2regard to the requirements of any civil service or personnel
3statute; and may establish and administer standards of
4classification of all such persons with respect to their
5compensation, duties, performance, and tenure and enter into
6contracts of employment with such persons for such periods and
7on such terms as the Commission deems desirable.
8    (i) Every 2 years, the Commission shall provide to the
9State Board and local school boards a report on best practices
10in charter school authorizing, including without limitation
11evaluating applications, oversight of charters, and renewal of
12charter schools.
13    (j) The Commission may charge a charter school that it
14authorizes a fee, not to exceed 3% of the revenue provided to
15the school, to cover the cost of undertaking the ongoing
16administrative responsibilities of the eligible chartering
17authority with respect to the school. This fee must be
18deposited into the State Charter School Commission Fund.
19    (c) On July 1, 2020, any (k) Any charter school authorized
20by the State Charter School Commission State Board prior to
21July 1, 2020 this amendatory Act of the 97th General Assembly
22shall have its authorization transferred to the Commission upon
23a vote of the State Board, which shall then become the school's
24authorizer for all purposes under this Article. On July 1, 2020
25However, in no case shall such transfer take place later than
26July 1, 2012. At this time, all of the powers, duties, assets,



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1liabilities, contracts, property, records, and pending
2business of the State Charter School Commission State Board as
3the school's authorizer must be transferred to the State Board
4Commission. Any charter school authorized by a local school
5board or boards may seek transfer of authorization to the
6Commission during its current term only with the approval of
7the local school board or boards. At the end of its charter
8term, a charter school may authorized by a local school board
9or boards must reapply to the board or boards for authorization
10before it may apply for authorization to the Commission under
11the terms of this amendatory Act of the 97th General Assembly.
12    (d) On July 1, 2020 the effective date of this amendatory
13Act of the 97th General Assembly, all rules of the State Board
14applicable to matters falling within the responsibility of the
15State Charter School Commission shall be applicable to the
16actions of the State Board Commission. The Commission shall
17thereafter have the authority to propose to the State Board
18modifications to all rules applicable to matters falling within
19the responsibility of the Commission. The State Board shall
20retain rulemaking authority for the Commission, but shall work
21jointly with the Commission on any proposed modifications. Upon
22recommendation of proposed rule modifications by the
23Commission and pursuant to the Illinois Administrative
24Procedure Act, the State Board shall consider such changes
25within the intent of this amendatory Act of the 97th General
26Assembly and grant any and all changes consistent with that



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2    (l) The Commission shall have the responsibility to
3consider appeals under this Article immediately upon
4appointment of the initial members of the Commission under
5subsection (c) of this Section. Appeals pending at the time of
6initial appointment shall be determined by the Commission; the
7Commission may extend the time for review as necessary for
8thorough review, but in no case shall the extension exceed the
9time that would have been available had the appeal been
10submitted to the Commission on the date of appointment of its
11initial members. In any appeal filed with the Commission under
12this Article, both the applicant and the school district in
13which the charter school plans to locate shall have the right
14to request a hearing before the Commission. If more than one
15entity requests a hearing, then the Commission may hold only
16one hearing, wherein the applicant and the school district
17shall have an equal opportunity to present their respective
19(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
2097-1156, eff. 1-25-13.)
21    (105 ILCS 5/27A-7.10)
22    Sec. 27A-7.10. Authorizer powers and duties; immunity;
23principles and standards.
24    (a) Authorizers are responsible for executing, in
25accordance with this Article, all of the following powers and



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2        (1) Soliciting and evaluating charter applications.
3        (2) Approving quality charter applications that meet
4    identified educational needs and promote a diversity of
5    educational choices.
6        (3) Declining to approve weak or inadequate charter
7    applications.
8        (4) Negotiating and executing sound charter contracts
9    with each approved charter school.
10        (5) Monitoring, in accordance with charter contract
11    terms, the performance and legal compliance of charter
12    schools.
13        (6) Determining whether each charter contract merits
14    renewal, nonrenewal, or revocation.
15    (b) An authorizing entity may delegate its duties to
16officers, employees, and contractors.
17    (c) Regulation by authorizers is limited to the powers and
18duties set forth in subsection (a) of this Section and must be
19consistent with the spirit and intent of this Article.
20    (d) An authorizing entity, members of the local school
21board, and or the State Board Commission, in their official
22capacity, and employees of an authorizer are immune from civil
23and criminal liability with respect to all activities related
24to a charter school that they authorize, except for willful or
25wanton misconduct.
26    (e) The State Board Commission and all local school boards



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



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



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1guardians of students eligible to attend the charter school. In
2all cases, the individuals, organizations, or entities who
3initiate the proposal to establish a charter school may elect,
4in lieu of including any petition referred to in this
5subsection as a part of the proposal submitted to the local
6school board, to demonstrate that the charter school has
7received the support referred to in this subsection by other
8evidence and information presented at the public meeting that
9the local school board is required to convene under this
11    (c) Within 45 days of receipt of a charter school proposal,
12the local school board shall convene a public meeting to obtain
13information to assist the board in its decision to grant or
14deny the charter school proposal. A local school board may
15develop its own process for receiving charter school proposals
16on an annual basis that follows the same timeframes as set
17forth in this Article. Final decisions of a local school board
18are subject to judicial review under the Administrative Review
19Law. Only after the local school board process is followed may
20a charter school applicant appeal to the Commission.
21    (d) Notice of the public meeting required by this Section
22shall be published in a community newspaper published in the
23school district in which the proposed charter is located and,
24if there is no such newspaper, then in a newspaper published in
25the county and having circulation in the school district. The
26notices shall be published not more than 10 days nor less than



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15 days before the meeting and shall state that information
2regarding a charter school proposal will be heard at the
3meeting. Copies of the notice shall also be posted at
4appropriate locations in the school or attendance center
5proposed to be established as a charter school, the public
6schools in the school district, and the local school board
7office. If 45 days pass without the local school board holding
8a public meeting, then the charter applicant may submit the
9proposal to the Commission, where it must be addressed in
10accordance with the provisions set forth in subsection (g) of
11this Section.
12    (e) Within 30 days of the public meeting, the local school
13board shall vote, in a public meeting, to either grant or deny
14the charter school proposal. If the local school board has not
15voted in a public meeting within 30 days after the public
16meeting, then the charter applicant may submit the proposal to
17the Commission, where it must be addressed in accordance with
18the provisions set forth in subsection (g) of this Section.
19    (f) Within 7 days of the public meeting required under
20subsection (e) of this Section, the local school board shall
21file a report with the State Board granting or denying the
22proposal. If the local school board has approved the proposal,
23within 30 days of receipt of the local school board's report,
24the State Board shall determine whether the approved charter
25proposal is consistent with the provisions of this Article and,
26if the approved proposal complies, certify the proposal



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1pursuant to Section 27A-6.
2    (g) (Blank). If the local school board votes to deny the
3proposal, then the charter school applicant has 30 days from
4the date of that vote to submit an appeal to the Commission. In
5such instances or in those instances referenced in subsections
6(d) and (e) of this Section, the Commission shall follow the
7same process and be subject to the same timelines for review as
8the local school board.
9    (h) (Blank). The Commission may reverse a local school
10board's decision to deny a charter school proposal if the
11Commission finds that the proposal (i) is in compliance with
12this Article and (ii) is in the best interests of the students
13the charter school is designed to serve. Final decisions of the
14Commission are subject to judicial review under the
15Administrative Review Law.
16    (i) (Blank). In the case of a charter school proposed to be
17jointly authorized by 2 or more school districts, the local
18school boards may unanimously deny the charter school proposal
19with a statement that the local school boards are not opposed
20to the charter school, but that they yield to the Commission in
21light of the complexities of joint administration.
22(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
2396-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
24    (105 ILCS 5/27A-9)
25    Sec. 27A-9. Term of charter; renewal.



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1    (a) For charters granted before January 1, 2017 (the
2effective date of Public Act 99-840), a charter may be granted
3for a period not less than 5 and not more than 10 school years.
4For charters granted on or after January 1, 2017 (the effective
5date of Public Act 99-840), a charter shall be granted for a
6period of 5 school years. For charters renewed before January
71, 2017 (the effective date of Public Act 99-840), a charter
8may be renewed in incremental periods not to exceed 5 school
9years. For charters renewed on or after January 1, 2017 (the
10effective date of Public Act 99-840), a charter may be renewed
11in incremental periods not to exceed 10 school years; however,
12the State Board Commission may renew a charter only in
13incremental periods not to exceed 5 years. Authorizers shall
14ensure that every charter granted on or after January 1, 2017
15(the effective date of Public Act 99-840) includes standards
16and goals for academic, organizational, and financial
17performance. A charter must meet all standards and goals for
18academic, organizational, and financial performance set forth
19by the authorizer in order to be renewed for a term in excess
20of 5 years but not more than 10 years. If an authorizer fails
21to establish standards and goals, a charter shall not be
22renewed for a term in excess of 5 years. Nothing contained in
23this Section shall require an authorizer to grant a full
2410-year renewal term to any particular charter school, but an
25authorizer may award a full 10-year renewal term to charter
26schools that have a demonstrated track record of improving



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



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1    fiscal management.
2        (4) Violated any provision of law from which the
3    charter school was not exempted.
4    In the case of revocation, the local school board or the
5State Board Commission, as the chartering entity, shall notify
6the charter school in writing of the reason why the charter is
7subject to revocation. The charter school shall submit a
8written plan to the local school board or the State Board
9Commission, whichever is applicable, to rectify the problem.
10The plan shall include a timeline for implementation, which
11shall not exceed 2 years or the date of the charter's
12expiration, whichever is earlier. If the local school board or
13the State Board Commission, as the chartering entity, finds
14that the charter school has failed to implement the plan of
15remediation and adhere to the timeline, then the chartering
16entity shall revoke the charter. Except in situations of an
17emergency where the health, safety, or education of the charter
18school's students is at risk, the revocation shall take place
19at the end of a school year. Nothing in Public Act 96-105 shall
20be construed to prohibit an implementation timetable that is
21less than 2 years in duration. No local school board may revoke
22or not renew a charter unless it determines that doing so is in
23the best interests of the students currently enrolled in the
24charter school. Except for extenuating circumstances outlined
25in this Section, if a local school board revokes or does not
26renew a charter, it must ensure that all students currently



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1enrolled in the charter school are offered placement in schools
2that are higher performing than that charter school, as defined
3in the State's federal Every Student Succeeds Act
4accountability plan, and that they have reasonable options for
5transportation to those schools. In determining whether
6extenuating circumstances exist, a local school board must
7detail, by clear and convincing evidence, that factors
8unrelated to the charter school's accountability designation
9outweigh the charter school's academic performance.
10    (d) (Blank).
11    (e) Notice of a local school board's decision to deny,
12revoke, or not renew a charter shall be provided to the
13Commission and the State Board. The State Board Commission may
14reverse a local board's decision to not renew a charter if the
15State Board Commission finds that the charter school or charter
16school proposal (i) is in compliance with this Article, and
17(ii) is in the best interests of the students it is designed to
18serve. The State Board Commission may condition the granting of
19an appeal on the acceptance by the charter school of funding in
20an amount less than that requested in the proposal submitted to
21the local school board. Final decisions of the State Board
22Commission shall be subject to judicial review under the
23Administrative Review Law.
24    (f) Notwithstanding other provisions of this Article, if
25the State Board Commission on appeal reverses a local board's
26decision to not renew a charter or if a charter school is



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1approved by referendum, the State Board Commission shall act as
2the authorized chartering entity for the charter school. The
3State Board Commission shall approve the charter and shall
4perform all functions under this Article otherwise performed by
5the local school board. The State Board shall determine whether
6the charter proposal approved by the Commission is consistent
7with the provisions of this Article and, if the approved
8proposal complies, certify the proposal pursuant to this
9Article. The State Board shall report the aggregate number of
10charter school pupils resident in a school district to that
11district and shall notify the district of the amount of funding
12to be paid by the State Board to the charter school enrolling
13such students. The State Board Commission shall require the
14charter school to maintain accurate records of daily attendance
15that shall be deemed sufficient to file claims under Section
1618-8.05 or 18-8.15 notwithstanding any other requirements of
17that Section regarding hours of instruction and teacher
18certification. The State Board shall withhold from funds
19otherwise due the district the funds authorized by this Article
20to be paid to the charter school and shall pay such amounts to
21the charter school.
22    (g) (Blank). For charter schools authorized by the
23Commission, the Commission shall quarterly certify to the State
24Board the student enrollment for each of its charter schools.
25    (h) For charter schools authorized by the State Board
26Commission, the State Board shall pay directly to a charter



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1school any federal or State aid attributable to a student with
2a disability attending the school.
3(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
4100-465, eff. 8-31-17.)
5    (105 ILCS 5/27A-10.10)
6    Sec. 27A-10.10. Closure of charter school; unspent public
7funds; procedures for the disposition of property and assets.
8    (a) Upon the closing of a charter school authorized by one
9or more local school boards, the governing body of the charter
10school or its designee shall refund to the chartering entity or
11entities all unspent public funds. The charter school's other
12property and assets shall be disposed of under the provisions
13of the charter application and contract. If the application and
14contract are silent or ambiguous as to the disposition of any
15of the school's property or assets, any property or assets of
16the charter school purchased with public funds shall be
17returned to the school district or districts from which the
18charter school draws enrollment, at no cost to the receiving
19district or districts, subject to each district's acceptance of
20the property or asset. Any unspent public funds or other
21property or assets received by the charter school directly from
22any State or federal agency shall be refunded to or revert back
23to that State or federal agency, respectively.
24    (b) Upon the closing of a charter school authorized by the
25State Board Commission, the governing body of the charter



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1school or its designee shall refund all unspent public funds to
2the State Board of Education. The charter school's other
3property and assets shall be disposed of under the provisions
4of the charter application and contract. If the application and
5contract are silent or ambiguous as to the disposition of any
6of the school's property or assets, any property or assets of
7the charter school purchased with public funds shall be
8returned to the school district or districts from which the
9charter school draws its enrollment, at no cost to the
10receiving district or districts, subject to each district's
11acceptance of the property or asset. Any unspent public funds
12or other property or assets provided by a State agency other
13than the State Board of Education or by a federal agency shall
14be refunded to or revert back to that State or federal agency,
16    (c) If a determination is made to close a charter school
17located within the boundaries of a school district organized
18under Article 34 of this Code for at least one school year, the
19charter school shall give at least 60 days' notice of the
20closure to all affected students and parents or legal
22(Source: P.A. 100-179, eff. 8-18-17.)
23    (105 ILCS 5/27A-11)
24    Sec. 27A-11. Local financing.
25    (a) For purposes of this the School Code, pupils enrolled



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1in a charter school shall be included in the pupil enrollment
2of the school district within which the pupil resides. Each
3charter school (i) shall determine the school district in which
4each pupil who is enrolled in the charter school resides, (ii)
5shall report the aggregate number of pupils resident of a
6school district who are enrolled in the charter school to the
7school district in which those pupils reside, and (iii) shall
8maintain accurate records of daily attendance that shall be
9deemed sufficient to file claims under Section 18-8 or 18-8.15
10notwithstanding any other requirements of that Section
11regarding hours of instruction and teacher certification.
12    (b) Except for a charter school established by referendum
13under Section 27A-6.5, as part of a charter school contract,
14the charter school and the local school board shall agree on
15funding and any services to be provided by the school district
16to the charter school. Agreed funding that a charter school is
17to receive from the local school board for a school year shall
18be paid in equal quarterly installments with the payment of the
19installment for the first quarter being made not later than
20July 1, unless the charter establishes a different payment
21schedule. However, if a charter school dismisses a pupil from
22the charter school after receiving a quarterly payment, the
23charter school shall return to the school district, on a
24quarterly basis, the prorated portion of public funding
25provided for the education of that pupil for the time the
26student is not enrolled at the charter school. Likewise, if a



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1pupil transfers to a charter school between quarterly payments,
2the school district shall provide, on a quarterly basis, a
3prorated portion of the public funding to the charter school to
4provide for the education of that pupil.
5    All services centrally or otherwise provided by the school
6district including, but not limited to, rent, food services,
7custodial services, maintenance, curriculum, media services,
8libraries, transportation, and warehousing shall be subject to
9negotiation between a charter school and the local school board
10and paid for out of the revenues negotiated pursuant to this
11subsection (b); provided that the local school board shall not
12attempt, by negotiation or otherwise, to obligate a charter
13school to provide pupil transportation for pupils for whom a
14district is not required to provide transportation under the
15criteria set forth in subsection (a)(13) of Section 27A-7.
16    In no event shall the funding be less than 97% or more than
17103% of the school district's per capita student tuition
18multiplied by the number of students residing in the district
19who are enrolled in the charter school.
20    It is the intent of the General Assembly that funding and
21service agreements under this subsection (b) shall be neither a
22financial incentive nor a financial disincentive to the
23establishment of a charter school.
24    The charter school may set and collect reasonable fees.
25Fees collected from students enrolled at a charter school shall
26be retained by the charter school.



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1    (c) Notwithstanding subsection (b) of this Section, the
2proportionate share of State and federal resources generated by
3students with disabilities or staff serving them shall be
4directed to charter schools enrolling those students by their
5school districts or administrative units. The proportionate
6share of moneys generated under other federal or State
7categorical aid programs shall be directed to charter schools
8serving students eligible for that aid.
9    (d) The governing body of a charter school is authorized to
10accept gifts, donations, or grants of any kind made to the
11charter school and to expend or use gifts, donations, or grants
12in accordance with the conditions prescribed by the donor;
13however, a gift, donation, or grant may not be accepted by the
14governing body if it is subject to any condition contrary to
15applicable law or contrary to the terms of the contract between
16the charter school and the local school board. Charter schools
17shall be encouraged to solicit and utilize community volunteer
18speakers and other instructional resources when providing
19instruction on the Holocaust and other historical events.
20    (e) (Blank).
21    (f) The State Board Commission shall provide technical
22assistance to persons and groups preparing or revising charter
24    (g) At the non-renewal or revocation of its charter, each
25charter school shall refund to the local board of education all
26unspent funds.



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1    (h) A charter school is authorized to incur temporary,
2short term debt to pay operating expenses in anticipation of
3receipt of funds from the local school board.
4(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
5    (105 ILCS 5/27A-11.5)
6    Sec. 27A-11.5. State financing. The State Board of
7Education shall make the following funds available to school
8districts and charter schools:
9        (1) From a separate appropriation made to the State
10    Board for purposes of this subdivision (1), the State Board
11    shall make transition impact aid available to school
12    districts that approve a new charter school or that have
13    funds withheld by the State Board to fund a new charter
14    school that is chartered by the State Board Commission. The
15    amount of the aid shall equal 90% of the per capita funding
16    paid to the charter school during the first year of its
17    initial charter term, 65% of the per capita funding paid to
18    the charter school during the second year of its initial
19    term, and 35% of the per capita funding paid to the charter
20    school during the third year of its initial term. This
21    transition impact aid shall be paid to the local school
22    board in equal quarterly installments, with the payment of
23    the installment for the first quarter being made by August
24    1st immediately preceding the first, second, and third
25    years of the initial term. The district shall file an



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



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



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1    local school board shall not be responsible for repayment
2    of the loan. The State Board may use up to 3% of the
3    appropriation to contract with a non-profit entity to
4    administer the loan program.
5        (4) A charter school may apply for and receive, subject
6    to the same restrictions applicable to school districts,
7    any grant administered by the State Board that is available
8    for school districts.
9(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17.)
10    (105 ILCS 5/27A-12)
11    Sec. 27A-12. Evaluation; report. On or before September 30
12of every odd-numbered year, all local school boards with at
13least one charter school, as well as the Commission, shall
14submit to the State Board any information required by the State
15Board pursuant to applicable rule. On or before the second
16Wednesday in January of every even-numbered year, the State
17Board shall issue a report to the General Assembly and the
18Governor on its findings for the previous 2 school years. The
19State Board's report shall summarize all of the following:
20        (1) The authorizer's strategic vision for chartering
21    and progress toward achieving that vision.
22        (2) The academic and financial performance of all
23    operating charter schools overseen by the authorizer,
24    according to the performance expectations for charter
25    schools set forth in this Article.



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1        (3) The status of the authorizer's charter school
2    portfolio, identifying all charter schools in each of the
3    following categories: approved (but not yet open),
4    operating, renewed, transferred, revoked, not renewed,
5    voluntarily closed, or never opened.
6        (4) The authorizing functions provided by the
7    authorizer to the charter schools under its purview,
8    including the authorizer's operating costs and expenses
9    detailed in annual audited financial statements, which
10    must conform with generally accepted accounting
11    principles.
12    Further, in the report required by this Section, the State
13Board (i) shall compare the performance of charter school
14pupils with the performance of ethnically and economically
15comparable groups of pupils in other public schools who are
16enrolled in academically comparable courses, (ii) shall review
17information regarding the regulations and policies from which
18charter schools were released to determine if the exemptions
19assisted or impeded the charter schools in meeting their stated
20goals and objectives, and (iii) shall include suggested changes
21in State law necessary to strengthen charter schools.
22    In addition, the State Board shall undertake and report on
23periodic evaluations of charter schools that include
24evaluations of student academic achievement, the extent to
25which charter schools are accomplishing their missions and
26goals, the sufficiency of funding for charter schools, and the



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1need for changes in the approval process for charter schools.
2    Based on the information that the State Board receives from
3authorizers and the State Board's ongoing monitoring of both
4charter schools and authorizers, the State Board has the power
5to remove the power to authorize from any authorizer in this
6State if the authorizer does not demonstrate a commitment to
7high-quality authorization practices and, if necessary, revoke
8the chronically low-performing charters authorized by the
9authorizer at the time of the removal. The State Board shall
10adopt rules as needed to carry out this power, including
11provisions to determine the status of schools authorized by an
12authorizer whose authorizing power is revoked.
13(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)