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




State of Illinois
2019 and 2020


Introduced 2/6/2019, by Rep. Emanuel Chris Welch


30 ILCS 105/5.796
105 ILCS 5/27A-3
105 ILCS 5/27A-5
105 ILCS 5/27A-6.5
105 ILCS 5/27A-7.5
105 ILCS 5/27A-7.10
105 ILCS 5/27A-8
105 ILCS 5/27A-9
105 ILCS 5/27A-10.10
105 ILCS 5/27A-11
105 ILCS 5/27A-11.5
105 ILCS 5/27A-12

    Amends the State Finance Act and the Charter Schools Law of the School Code. Provides that on July 1, 2020, the State Charter School Commission is abolished and the terms of all members end. Provides that all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board of Education on that date. Provides for transfer of authorization to a local school board or boards. Makes related changes. Removes the appeal process, and provides that final decisions of a local school board are subject to judicial review under the Administrative Review Law.

LRB101 05964 AXK 50985 b






HB2100LRB101 05964 AXK 50985 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 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8Section is repealed on July 31, 2020.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) The State Board shall determine whether the charter
12proposal approved by the Commission is consistent with the
13provisions 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; appeals.
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    (g-5) Funds or spending authority for the operation and
26administrative costs of the Commission shall be appropriated to



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1the State Board in a separate line item. The State
2Superintendent of Education may not reduce or modify the budget
3of the Commission or use funds appropriated to the Commission
4without the approval of the Commission.
5    (h) The Commission shall operate with dedicated resources
6and staff qualified to execute the day-to-day responsibilities
7of charter school authorizing in accordance with this Article.
8The Commission may employ and fix the compensation of such
9employees and technical assistants as it deems necessary to
10carry out its powers and duties under this Article, without
11regard to the requirements of any civil service or personnel
12statute; and may establish and administer standards of
13classification of all such persons with respect to their
14compensation, duties, performance, and tenure and enter into
15contracts of employment with such persons for such periods and
16on such terms as the Commission deems desirable.
17    (i) Every 2 years, the Commission shall provide to the
18State Board and local school boards a report on best practices
19in charter school authorizing, including without limitation
20evaluating applications, oversight of charters, and renewal of
21charter schools.
22    (j) The Commission may charge a charter school that it
23authorizes a fee, not to exceed 3% of the revenue provided to
24the school, to cover the cost of undertaking the ongoing
25administrative responsibilities of the eligible chartering
26authority with respect to the school. This fee must be



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1deposited into the State Charter School Commission Fund.
2    (c) On July 1, 2020, any (k) Any charter school authorized
3by the State Charter School Commission State Board prior to
4July 1, 2020 this amendatory Act of the 97th General Assembly
5shall have its authorization transferred to the Commission upon
6a vote of the State Board, which shall then become the school's
7authorizer for all purposes under this Article. On July 1, 2020
8However, in no case shall such transfer take place later than
9July 1, 2012. At this time, all of the powers, duties, assets,
10liabilities, contracts, property, records, and pending
11business of the State Charter School Commission State Board as
12the school's authorizer must be transferred to the State Board
13Commission. The Any charter school must, as soon as practicable
14after July 1, 2020, authorized by a local school board or
15boards may seek transfer of authorization to a local school
16board or boards for the remainder of the charter school's the
17Commission during its current term only with the approval of
18the local school board or boards. If approved by the local
19school board or boards, the State Board shall transfer
20authorization to the local school board or boards. At the end
21of its charter term, the a charter school authorized by a local
22school board or boards must reapply to the board or boards
23before it may apply for authorization to the State Board as
24otherwise permitted Commission under the terms of this Article
25amendatory Act of the 97th General Assembly.
26    (d) On July 1, 2020 the effective date of this amendatory



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1Act of the 97th General Assembly, all rules of the State Board
2applicable to matters falling within the responsibility of the
3State Charter School Commission shall be applicable to the
4actions of the State Board Commission. The Commission shall
5thereafter have the authority to propose to the State Board
6modifications to all rules applicable to matters falling within
7the responsibility of the Commission. The State Board shall
8retain rulemaking authority for the Commission, but shall work
9jointly with the Commission on any proposed modifications. Upon
10recommendation of proposed rule modifications by the
11Commission and pursuant to the Illinois Administrative
12Procedure Act, the State Board shall consider such changes
13within the intent of this amendatory Act of the 97th General
14Assembly and grant any and all changes consistent with that
16    (l) The Commission shall have the responsibility to
17consider appeals under this Article immediately upon
18appointment of the initial members of the Commission under
19subsection (c) of this Section. Appeals pending at the time of
20initial appointment shall be determined by the Commission; the
21Commission may extend the time for review as necessary for
22thorough review, but in no case shall the extension exceed the
23time that would have been available had the appeal been
24submitted to the Commission on the date of appointment of its
25initial members. In any appeal filed with the Commission under
26this Article, both the applicant and the school district in



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1which the charter school plans to locate shall have the right
2to request a hearing before the Commission. If more than one
3entity requests a hearing, then the Commission may hold only
4one hearing, wherein the applicant and the school district
5shall have an equal opportunity to present their respective
7(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
897-1156, eff. 1-25-13.)
9    (105 ILCS 5/27A-7.10)
10    Sec. 27A-7.10. Authorizer powers and duties; immunity;
11principles and standards.
12    (a) Authorizers are responsible for executing, in
13accordance with this Article, all of the following powers and
15        (1) Soliciting and evaluating charter applications.
16        (2) Approving quality charter applications that meet
17    identified educational needs and promote a diversity of
18    educational choices.
19        (3) Declining to approve weak or inadequate charter
20    applications.
21        (4) Negotiating and executing sound charter contracts
22    with each approved charter school.
23        (5) Monitoring, in accordance with charter contract
24    terms, the performance and legal compliance of charter
25    schools.



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



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1principles and standards and with the spirit and intent of this
3(Source: P.A. 97-152, eff. 7-20-11.)
4    (105 ILCS 5/27A-8)
5    Sec. 27A-8. Evaluation of charter proposals.
6    (a) This Section does not apply to a charter school
7established by referendum under Section 27A-6.5. In evaluating
8any charter school proposal submitted to it, the local school
9board or and the State Board Commission shall give preference
10to proposals that:
11        (1) demonstrate a high level of local pupil, parental,
12    community, business, and school personnel support;
13        (2) set rigorous levels of expected pupil achievement
14    and demonstrate feasible plans for attaining those levels
15    of achievement; and
16        (3) are designed to enroll and serve a substantial
17    proportion of at-risk children; provided that nothing in
18    the Charter Schools Law shall be construed as intended to
19    limit the establishment of charter schools to those that
20    serve a substantial portion of at-risk children or to in
21    any manner restrict, limit, or discourage the
22    establishment of charter schools that enroll and serve
23    other pupil populations under a nonexclusive,
24    nondiscriminatory admissions policy.
25    (b) In the case of a proposal to establish a charter school



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1by converting an existing public school or attendance center to
2charter school status, evidence that the proposed formation of
3the charter school has received majority support from certified
4teachers and from parents and guardians in the school or
5attendance center affected by the proposed charter, and, if
6applicable, from a local school council, shall be demonstrated
7by a petition in support of the charter school signed by
8certified teachers and a petition in support of the charter
9school signed by parents and guardians and, if applicable, by a
10vote of the local school council held at a public meeting. In
11the case of all other proposals to establish a charter school,
12evidence of sufficient support to fill the number of pupil
13seats set forth in the proposal may be demonstrated by a
14petition in support of the charter school signed by parents and
15guardians of students eligible to attend the charter school. In
16all cases, the individuals, organizations, or entities who
17initiate the proposal to establish a charter school may elect,
18in lieu of including any petition referred to in this
19subsection as a part of the proposal submitted to the local
20school board, to demonstrate that the charter school has
21received the support referred to in this subsection by other
22evidence and information presented at the public meeting that
23the local school board is required to convene under this
25    (c) Within 45 days of receipt of a charter school proposal,
26the local school board shall convene a public meeting to obtain



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1information to assist the board in its decision to grant or
2deny the charter school proposal. A local school board may
3develop its own process for receiving charter school proposals
4on an annual basis that follows the same timeframes as set
5forth in this Article. Final decisions of a local school board
6are subject to judicial review under the Administrative Review
7Law. Only after the local school board process is followed may
8a charter school applicant appeal to the Commission.
9    (d) Notice of the public meeting required by this Section
10shall be published in a community newspaper published in the
11school district in which the proposed charter is located and,
12if there is no such newspaper, then in a newspaper published in
13the county and having circulation in the school district. The
14notices shall be published not more than 10 days nor less than
155 days before the meeting and shall state that information
16regarding a charter school proposal will be heard at the
17meeting. Copies of the notice shall also be posted at
18appropriate locations in the school or attendance center
19proposed to be established as a charter school, the public
20schools in the school district, and the local school board
21office. If 45 days pass without the local school board holding
22a public meeting, then the charter applicant may submit the
23proposal to the State Board Commission, where it must be
24addressed in accordance with the provisions set forth in
25subsection (g) of this Section.
26    (e) Within 30 days of the public meeting, the local school



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1board shall vote, in a public meeting, to either grant or deny
2the charter school proposal. If the local school board has not
3voted in a public meeting within 30 days after the public
4meeting, then the charter applicant may submit the proposal to
5the State Board Commission, where it must be addressed in
6accordance with the provisions set forth in subsection (g) of
7this Section.
8    (f) Within 7 days of the public meeting required under
9subsection (e) of this Section, the local school board shall
10file a report with the State Board granting or denying the
11proposal. If the local school board has approved the proposal,
12within 30 days of receipt of the local school board's report,
13the State Board shall determine whether the approved charter
14proposal is consistent with the provisions of this Article and,
15if the approved proposal complies, certify the proposal
16pursuant to Section 27A-6.
17    (g) If the charter applicant submits the proposal to the
18State Board as authorized the local school board votes to deny
19the proposal, then the charter school applicant has 30 days
20from the date of that vote to submit an appeal to the
21Commission. In such instances or in those instances referenced
22in subsection subsections (d), and (e), or (i) of this Section,
23the State Board Commission shall follow the same process and be
24subject to the same timelines for review as the local school
26    (h) The State Board Commission may approve a charter school



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1proposal submitted to it in accordance with subsection (d),
2(e), or (i) of this Section reverse a local school board's
3decision to deny a charter school proposal if the State Board
4Commission finds that the proposal (i) is in compliance with
5this Article and (ii) is in the best interests of the students
6the charter school is designed to serve. Final decisions of the
7State Board Commission are subject to judicial review under the
8Administrative Review Law.
9    (i) In the case of a charter school proposed to be jointly
10authorized by 2 or more school districts, the local school
11boards may unanimously deny the charter school proposal with a
12statement that the local school boards are not opposed to the
13charter school, but that they yield to the State Board
14Commission in light of the complexities of joint
15administration, in which case the charter applicant may submit
16the proposal to the State Board, where it must be addressed in
17accordance with the provisions set forth in subsection (g) of
18this Section.
19(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
2096-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
21    (105 ILCS 5/27A-9)
22    Sec. 27A-9. Term of charter; renewal.
23    (a) For charters granted before January 1, 2017 (the
24effective date of Public Act 99-840), a charter may be granted
25for a period not less than 5 and not more than 10 school years.



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1For charters granted on or after January 1, 2017 (the effective
2date of Public Act 99-840), a charter shall be granted for a
3period of 5 school years. For charters renewed before January
41, 2017 (the effective date of Public Act 99-840), a charter
5may be renewed in incremental periods not to exceed 5 school
6years. For charters renewed on or after January 1, 2017 (the
7effective date of Public Act 99-840), a charter may be renewed
8in incremental periods not to exceed 10 school years; however,
9the State Board Commission may renew a charter only in
10incremental periods not to exceed 5 years. Authorizers shall
11ensure that every charter granted on or after January 1, 2017
12(the effective date of Public Act 99-840) includes standards
13and goals for academic, organizational, and financial
14performance. A charter must meet all standards and goals for
15academic, organizational, and financial performance set forth
16by the authorizer in order to be renewed for a term in excess
17of 5 years but not more than 10 years. If an authorizer fails
18to establish standards and goals, a charter shall not be
19renewed for a term in excess of 5 years. Nothing contained in
20this Section shall require an authorizer to grant a full
2110-year renewal term to any particular charter school, but an
22authorizer may award a full 10-year renewal term to charter
23schools that have a demonstrated track record of improving
24student performance.
25    (b) A charter school renewal proposal submitted to the
26local school board or the State Board Commission, as the



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



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



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1granting of an appeal on the acceptance by the charter school
2of funding in an amount less than that requested in the
3proposal submitted to the local school board. Final decisions
4of the Commission shall be subject to judicial review under the
5Administrative Review Law.
6    (f) Notwithstanding other provisions of this Article, if
7the State Board approves an application for a charter school
8submitted to it in accordance with this Article or Commission
9on appeal reverses a local board's decision or if a charter
10school is approved by referendum, the State Board Commission
11shall act as the authorized chartering entity for the charter
12school. The State Board Commission shall approve the charter
13and shall perform all functions under this Article otherwise
14performed by the local school board. The State Board shall
15determine whether the charter proposal approved by the
16Commission is consistent with the provisions of this Article
17and, if the approved proposal complies, certify the proposal
18pursuant to this Article. The State Board shall report the
19aggregate number of charter school pupils resident in a school
20district to that district and shall notify the district of the
21amount of funding to be paid by the State Board to the charter
22school enrolling such students. The State Board 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) (Blank). For charter schools authorized by the
6Commission, the Commission shall quarterly certify to the State
7Board the student enrollment for each of its charter schools.
8    (h) For charter schools authorized by the State Board
9Commission, the State Board shall pay directly to a charter
10school any federal or State aid attributable to a student with
11a disability attending the school.
12(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
13100-465, eff. 8-31-17.)
14    (105 ILCS 5/27A-10.10)
15    Sec. 27A-10.10. Closure of charter school; unspent public
16funds; procedures for the disposition of property and assets.
17    (a) Upon the closing of a charter school authorized by one
18or more local school boards, the governing body of the charter
19school or its designee shall refund to the chartering entity or
20entities all unspent public funds. The charter school's other
21property and assets shall be disposed of under the provisions
22of the charter application and contract. If the application and
23contract are silent or ambiguous as to the disposition of any
24of the school's property or assets, any property or assets of
25the charter school purchased with public funds shall be



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1returned to the school district or districts from which the
2charter school draws enrollment, at no cost to the receiving
3district or districts, subject to each district's acceptance of
4the property or asset. Any unspent public funds or other
5property or assets received by the charter school directly from
6any State or federal agency shall be refunded to or revert back
7to that State or federal agency, respectively.
8    (b) Upon the closing of a charter school authorized by the
9State Board Commission, the governing body of the charter
10school or its designee shall refund all unspent public funds to
11the State Board of Education. 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 its enrollment, at no cost to the
19receiving district or districts, subject to each district's
20acceptance of the property or asset. Any unspent public funds
21or other property or assets provided by a State agency other
22than the State Board of Education or by a federal agency shall
23be refunded to or revert back to that State or federal agency,
25    (c) If a determination is made to close a charter school
26located within the boundaries of a school district organized



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1under Article 34 of this Code for at least one school year, the
2charter school shall give at least 60 days' notice of the
3closure to all affected students and parents or legal
5(Source: P.A. 100-179, eff. 8-18-17.)
6    (105 ILCS 5/27A-11)
7    Sec. 27A-11. Local financing.
8    (a) For purposes of the School Code, pupils enrolled in a
9charter school shall be included in the pupil enrollment of the
10school district within which the pupil resides. Each charter
11school (i) shall determine the school district in which each
12pupil who is enrolled in the charter school resides, (ii) shall
13report the aggregate number of pupils resident of a school
14district who are enrolled in the charter school to the school
15district in which those pupils reside, and (iii) shall maintain
16accurate records of daily attendance that shall be deemed
17sufficient to file claims under Section 18-8 or 18-8.15
18notwithstanding any other requirements of that Section
19regarding hours of instruction and teacher certification.
20    (b) Except for a charter school established by referendum
21under Section 27A-6.5, as part of a charter school contract,
22the charter school and the local school board shall agree on
23funding and any services to be provided by the school district
24to the charter school. Agreed funding that a charter school is
25to receive from the local school board for a school year shall



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1be paid in equal quarterly installments with the payment of the
2installment for the first quarter being made not later than
3July 1, unless the charter establishes a different payment
4schedule. However, if a charter school dismisses a pupil from
5the charter school after receiving a quarterly payment, the
6charter school shall return to the school district, on a
7quarterly basis, the prorated portion of public funding
8provided for the education of that pupil for the time the
9student is not enrolled at the charter school. Likewise, if a
10pupil transfers to a charter school between quarterly payments,
11the school district shall provide, on a quarterly basis, a
12prorated portion of the public funding to the charter school to
13provide for the education of that pupil.
14    All services centrally or otherwise provided by the school
15district including, but not limited to, rent, food services,
16custodial services, maintenance, curriculum, media services,
17libraries, transportation, and warehousing shall be subject to
18negotiation between a charter school and the local school board
19and paid for out of the revenues negotiated pursuant to this
20subsection (b); provided that the local school board shall not
21attempt, by negotiation or otherwise, to obligate a charter
22school to provide pupil transportation for pupils for whom a
23district is not required to provide transportation under the
24criteria set forth in subsection (a)(13) of Section 27A-7.
25    In no event shall the funding be less than 97% or more than
26103% of the school district's per capita student tuition



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1multiplied by the number of students residing in the district
2who are enrolled in the charter school.
3    It is the intent of the General Assembly that funding and
4service agreements under this subsection (b) shall be neither a
5financial incentive nor a financial disincentive to the
6establishment of a charter school.
7    The charter school may set and collect reasonable fees.
8Fees collected from students enrolled at a charter school shall
9be retained by the charter school.
10    (c) Notwithstanding subsection (b) of this Section, the
11proportionate share of State and federal resources generated by
12students with disabilities or staff serving them shall be
13directed to charter schools enrolling those students by their
14school districts or administrative units. The proportionate
15share of moneys generated under other federal or State
16categorical aid programs shall be directed to charter schools
17serving students eligible for that aid.
18    (d) The governing body of a charter school is authorized to
19accept gifts, donations, or grants of any kind made to the
20charter school and to expend or use gifts, donations, or grants
21in accordance with the conditions prescribed by the donor;
22however, a gift, donation, or grant may not be accepted by the
23governing body if it is subject to any condition contrary to
24applicable law or contrary to the terms of the contract between
25the charter school and the local school board. Charter schools
26shall be encouraged to solicit and utilize community volunteer



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1speakers and other instructional resources when providing
2instruction on the Holocaust and other historical events.
3    (e) (Blank).
4    (f) The State Board Commission shall provide technical
5assistance to persons and groups preparing or revising charter
7    (g) At the non-renewal or revocation of its charter, each
8charter school shall refund to the local board of education all
9unspent funds.
10    (h) A charter school is authorized to incur temporary,
11short term debt to pay operating expenses in anticipation of
12receipt of funds from the local school board.
13(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
14    (105 ILCS 5/27A-11.5)
15    Sec. 27A-11.5. State financing. The State Board of
16Education shall make the following funds available to school
17districts and charter schools:
18        (1) From a separate appropriation made to the State
19    Board for purposes of this subdivision (1), the State Board
20    shall make transition impact aid available to school
21    districts that approve a new charter school or that have
22    funds withheld by the State Board to fund a new charter
23    school that is chartered by the State Board Commission. The
24    amount of the aid shall equal 90% of the per capita funding
25    paid to the charter school during the first year of its



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1    initial charter term, 65% of the per capita funding paid to
2    the charter school during the second year of its initial
3    term, and 35% of the per capita funding paid to the charter
4    school during the third year of its initial term. This
5    transition impact aid shall be paid to the local school
6    board in equal quarterly installments, with the payment of
7    the installment for the first quarter being made by August
8    1st immediately preceding the first, second, and third
9    years of the initial term. The district shall file an
10    application for this aid with the State Board in a format
11    designated by the State Board. If the appropriation is
12    insufficient in any year to pay all approved claims, the
13    impact aid shall be prorated. However, for fiscal year
14    2004, the State Board of Education shall pay approved
15    claims only for charter schools with a valid charter
16    granted prior to June 1, 2003. If any funds remain after
17    these claims have been paid, then the State Board of
18    Education may pay all other approved claims on a pro rata
19    basis. Transition impact aid shall be paid beginning in the
20    1999-2000 school year for charter schools that are in the
21    first, second, or third year of their initial term.
22    Transition impact aid shall not be paid for any charter
23    school that is proposed and created by one or more boards
24    of education, as authorized under the provisions of Public
25    Act 91-405.
26        (2) From a separate appropriation made for the purpose



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



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



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1Board shall issue a report to the General Assembly and the
2Governor on its findings for the previous 2 school years. The
3State Board's report shall summarize all of the following:
4        (1) The authorizer's strategic vision for chartering
5    and progress toward achieving that vision.
6        (2) The academic and financial performance of all
7    operating charter schools overseen by the authorizer,
8    according to the performance expectations for charter
9    schools set forth in this Article.
10        (3) The status of the authorizer's charter school
11    portfolio, identifying all charter schools in each of the
12    following categories: approved (but not yet open),
13    operating, renewed, transferred, revoked, not renewed,
14    voluntarily closed, or never opened.
15        (4) The authorizing functions provided by the
16    authorizer to the charter schools under its purview,
17    including the authorizer's operating costs and expenses
18    detailed in annual audited financial statements, which
19    must conform with generally accepted accounting
20    principles.
21    Further, in the report required by this Section, the State
22Board (i) shall compare the performance of charter school
23pupils with the performance of ethnically and economically
24comparable groups of pupils in other public schools who are
25enrolled in academically comparable courses, (ii) shall review
26information regarding the regulations and policies from which



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