Rep. Emanuel Chris Welch

Filed: 3/18/2019





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2    AMENDMENT NO. ______. Amend House Bill 2100 by replacing
3everything after the enacting clause with the following:
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8Section is repealed on July 31, 2020.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:



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1    "At-risk pupil" means a pupil who, because of physical,
2emotional, socioeconomic, or cultural factors, is less likely
3to succeed in a conventional educational environment.
4    "Authorizer" means an entity authorized under this Article
5to review applications, decide whether to approve or reject
6applications, enter into charter contracts with applicants,
7oversee charter schools, and decide whether to renew, not
8renew, or revoke a charter.
9    "Commission" means the State Charter School Commission
10established under Section 27A-7.5 of this Code.
11    "Local school board" means the duly elected or appointed
12school board or board of education of a public school district,
13including special charter districts and school districts
14located in cities having a population of more than 500,000,
15organized under the laws of this State.
16    "State Board" means the State Board of Education.
17(Source: P.A. 97-152, eff. 7-20-11.)
18    (105 ILCS 5/27A-5)
19    Sec. 27A-5. Charter school; legal entity; requirements.
20    (a) A charter school shall be a public, nonsectarian,
21nonreligious, non-home based, and non-profit school. A charter
22school shall be organized and operated as a nonprofit
23corporation or other discrete, legal, nonprofit entity
24authorized under the laws of the State of Illinois.
25    (b) A charter school may be established under this Article



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1by creating a new school or by converting an existing public
2school or attendance center to charter school status. Beginning
3on April 16, 2003 (the effective date of Public Act 93-3), in
4all new applications to establish a charter school in a city
5having a population exceeding 500,000, operation of the charter
6school shall be limited to one campus. The changes made to this
7Section by Public Act 93-3 do not apply to charter schools
8existing or approved on or before April 16, 2003 (the effective
9date of Public Act 93-3).
10    (b-5) In this subsection (b-5), "virtual-schooling" means
11a cyber school where students engage in online curriculum and
12instruction via the Internet and electronic communication with
13their teachers at remote locations and with students
14participating at different times.
15    From April 1, 2013 through December 31, 2016, there is a
16moratorium on the establishment of charter schools with
17virtual-schooling components in school districts other than a
18school district organized under Article 34 of this Code. This
19moratorium does not apply to a charter school with
20virtual-schooling components existing or approved prior to
21April 1, 2013 or to the renewal of the charter of a charter
22school with virtual-schooling components already approved
23prior to April 1, 2013.
24    On or before March 1, 2014, the Commission shall submit to
25the General Assembly a report on the effect of
26virtual-schooling, including without limitation the effect on



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1student performance, the costs associated with
2virtual-schooling, and issues with oversight. The report shall
3include policy recommendations for virtual-schooling.
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter school
7shall be subject to the Freedom of Information Act and the Open
8Meetings Act.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and school
15personnel. "Non-curricular health and safety requirement" does
16not include any course of study or specialized instructional
17requirement for which the State Board has established goals and
18learning standards or which is designed primarily to impart
19knowledge and skills for students to master and apply as an
20outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall be



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1updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. To ensure financial accountability for the use of
23public funds, on or before December 1 of every year of
24operation, each charter school shall submit to its authorizer
25and the State Board a copy of its audit and a copy of the Form
26990 the charter school filed that year with the federal



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1Internal Revenue Service. In addition, if deemed necessary for
2proper financial oversight of the charter school, an authorizer
3may require quarterly financial statements from each charter
5    (g) A charter school shall comply with all provisions of
6this Article, the Illinois Educational Labor Relations Act, all
7federal and State laws and rules applicable to public schools
8that pertain to special education and the instruction of
9English learners, and its charter. A charter school is exempt
10from all other State laws and regulations in this Code
11governing public schools and local school board policies;
12however, a charter school is not exempt from the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
14    criminal history records checks and checks of the Statewide
15    Sex Offender Database and Statewide Murderer and Violent
16    Offender Against Youth Database of applicants for
17    employment;
18        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
19    34-84a of this Code regarding discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (5.5) subsection (b) of Section 10-23.12 and



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1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school report
4    cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code; and
13        (14) Section 26-18 of this Code; and
14        (15) Section 22-30 of this Code.
15    The change made by Public Act 96-104 to this subsection (g)
16is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required to
26perform in order to carry out the terms of its charter.



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1However, a charter school that is established on or after April
216, 2003 (the effective date of Public Act 93-3) and that
3operates in a city having a population exceeding 500,000 may
4not contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) and concludes at the end of
7the 2004-2005 school year. Except as provided in subsection (i)
8of this Section, a school district may charge a charter school
9reasonable rent for the use of the district's buildings,
10grounds, and facilities. Any services for which a charter
11school contracts with a school district shall be provided by
12the district at cost. Any services for which a charter school
13contracts with a local school board or with the governing body
14of a State college or university or public community college
15shall be provided by the public entity at cost.
16    (i) In no event shall a charter school that is established
17by converting an existing school or attendance center to
18charter school status be required to pay rent for space that is
19deemed available, as negotiated and provided in the charter
20agreement, in school district facilities. However, all other
21costs for the operation and maintenance of school district
22facilities that are used by the charter school shall be subject
23to negotiation between the charter school and the local school
24board and shall be set forth in the charter.
25    (j) A charter school may limit student enrollment by age or
26grade level.



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1    (k) If the charter school is approved by the State Board
2Commission, then the State Board Commission charter school is
3its own local education agency.
4(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
5eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
699-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
7100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
81-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
9eff. 8-14-18; revised 10-5-18.)
10    (105 ILCS 5/27A-6.5)
11    Sec. 27A-6.5. Charter school referendum.
12    (a) No charter shall go into effect under this Section that
13would convert any existing private, parochial, or non-public
14school to a charter school or whose proposal has not been
15certified by the State Board.
16    (b) A local school board shall, whenever petitioned to do
17so by 5% or more of the voters of a school district or
18districts identified in a charter school proposal, order
19submitted to the voters thereof at a regularly scheduled
20election the question of whether a new charter school shall be
21established, which proposal has been found by the State Board
22Commission to be in compliance with the provisions of this
23Article, and the secretary shall certify the proposition to the
24proper election authorities for submission in accordance with
25the general election law. The proposition shall be in



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1substantially the following form:
2        "FOR the establishment of (name of proposed charter
3    school) under charter school proposal (charter school
4    proposal number).
5        AGAINST the establishment of (name of proposed charter
6    school) under charter school proposal (charter school
7    proposal number)".
8    (c) Before circulating a petition to submit the question of
9whether to establish a charter school to the voters under
10subsection (b) of this Section, the governing body of a
11proposed charter school that desires to establish a new charter
12school by referendum shall submit the charter school proposal
13to the State Board Commission in the form of a proposed
14contract to be entered into between the State Board Commission
15and the governing body of the proposed charter school, together
16with written notice of the intent to have a new charter school
17established by referendum. The contract shall comply with the
18provisions of this Article.
19    If the State Board Commission finds that the proposed
20contract complies with the provisions of this Article, it shall
21immediately direct the local school board to notify the proper
22election authorities that the question of whether to establish
23a new charter school shall be submitted for referendum.
24    (d) If the State Board Commission finds that the proposal
25fails to comply with the provisions of this Article, it shall
26provide written explanation, detailing its reasons for



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1refusal, to the local school board and to the individuals or
2organizations submitting the proposal. The State Board
3Commission shall also notify the local school board and the
4individuals or organizations submitting the proposal that the
5proposal may be amended and resubmitted under the same
6provisions required for an original submission.
7    (e) If a majority of the votes cast upon the proposition in
8each school district designated in the charter school proposal
9is in favor of establishing a charter school, the local school
10board shall notify the State Board and the Commission of the
11passage of the proposition in favor of establishing a charter
12school and the State Board Commission shall approve the charter
13within 7 days after the State Board of Elections has certified
14that a majority of the votes cast upon the proposition is in
15favor of establishing a charter school. The State Board
16Commission shall be the chartering entity for charter schools
17established by referendum under this Section.
18    (f) (Blank). The State Board shall determine whether the
19charter proposal approved by the Commission is consistent with
20the provisions of this Article and, if the approved proposal
21complies, certify the proposal pursuant to this Article.
22(Source: P.A. 98-739, eff. 7-16-14.)
23    (105 ILCS 5/27A-7.5)
24    Sec. 27A-7.5. State Charter School Commission abolished;
25transfer to State Board.



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1    (a) On July 1, 2020, the A State Charter School Commission
2is abolished and the terms of all members end. On that date,
3all of the powers, duties, assets, liabilities, contracts,
4property, records, and pending business of the Commission are
5transferred to the State Board. For purposes of the Successor
6Agency Act and Section 9b of the State Finance Act, the State
7Board is declared to be the successor agency of the Commission.
8Beginning on July 1, 2020, references in statutes, rules,
9forms, and other documents to the Commission shall, in
10appropriate contexts, be deemed to refer to the State Board.
11Standards and procedures of the Commission in effect on July 1,
122020 shall be deemed standards and procedures of the State
13Board and shall remain in effect until amended or repealed by
14the State Board. established as an independent commission with
15statewide chartering jurisdiction and authority. The
16Commission shall be under the State Board for administrative
17purposes only.
18    (a-5) The State Board shall provide administrative support
19to the Commission as needed.
20    (b) The Commission is responsible for authorizing
21high-quality charter schools throughout this State,
22particularly schools designed to expand opportunities for
23at-risk students, consistent with the purposes of this Article.
24    (c) The Commission shall consist of 9 members, appointed by
25the State Board. The State Board shall make these appointments
26from a slate of candidates proposed by the Governor, within 60



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1days after the effective date of this amendatory Act of the
297th General Assembly with respect to the initial Commission
3members. In making the appointments, the State Board shall
4ensure statewide geographic diversity among Commission
5members. The Governor shall propose a slate of candidates to
6the State Board within 60 days after the effective date of this
7amendatory Act of the 97th General Assembly and 60 days prior
8to the expiration of the term of a member thereafter. If the
9Governor fails to timely propose a slate of candidates
10according to the provisions of this subsection (c), then the
11State Board may appoint the member or members of the
13    (d) Members appointed to the Commission shall collectively
14possess strong experience and expertise in public and nonprofit
15governance, management and finance, public school leadership,
16higher education, assessments, curriculum and instruction, and
17public education law. All members of the Commission shall have
18demonstrated understanding of and a commitment to public
19education, including without limitation charter schooling. At
20least 3 members must have past experience with urban charter
22    (e) To establish staggered terms of office, the initial
23term of office for 3 Commission members shall be 4 years and
24thereafter shall be 4 years; the initial term of office for
25another 3 members shall be 3 years and thereafter shall be 4
26years; and the initial term of office for the remaining 3



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1members shall be 2 years and thereafter shall be 4 years. The
2initial appointments must be made no later than October 1,
4    (f) Whenever a vacancy on the Commission exists, the State
5Board shall appoint a member for the remaining portion of the
7    (g) Subject to the State Officials and Employees Ethics
8Act, the Commission is authorized to receive and expend gifts,
9grants, and donations of any kind from any public or private
10entity to carry out the purposes of this Article, subject to
11the terms and conditions under which they are given, provided
12that all such terms and conditions are permissible under law.
13Funds received under this subsection (g) must be deposited into
14the State Charter School Commission Fund.
15    (b) The State Charter School Commission Fund is created as
16a special fund in the State treasury. All money in the Fund
17shall be used, subject to appropriation, by the State Board,
18acting on behalf and with the consent of the Commission, for
19operational and administrative costs of the Commission. On July
201, 2020, the State Comptroller shall order transferred and the
21State Treasurer shall transfer all money in the State Charter
22School Commission Fund to the State Board of Education Special
23Purpose Trust Fund.
24    Subject to appropriation, any funds appropriated for use by
25the State Board, acting on behalf and with the consent of the
26Commission, may be used for the following purposes, without



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1limitation: personal services, contractual services, and other
2operational and administrative costs. The State Board is
3further authorized to make expenditures with respect to any
4other amounts deposited in accordance with law into the State
5Charter School Commission Fund.
6    (g-5) Funds or spending authority for the operation and
7administrative costs of the Commission shall be appropriated to
8the State Board in a separate line item. The State
9Superintendent of Education may not reduce or modify the budget
10of the Commission or use funds appropriated to the Commission
11without the approval of the Commission.
12    (h) The Commission shall operate with dedicated resources
13and staff qualified to execute the day-to-day responsibilities
14of charter school authorizing in accordance with this Article.
15The Commission may employ and fix the compensation of such
16employees and technical assistants as it deems necessary to
17carry out its powers and duties under this Article, without
18regard to the requirements of any civil service or personnel
19statute; and may establish and administer standards of
20classification of all such persons with respect to their
21compensation, duties, performance, and tenure and enter into
22contracts of employment with such persons for such periods and
23on such terms as the Commission deems desirable.
24    (i) Every 2 years, the Commission shall provide to the
25State Board and local school boards a report on best practices
26in charter school authorizing, including without limitation



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1evaluating applications, oversight of charters, and renewal of
2charter schools.
3    (j) The Commission may charge a charter school that it
4authorizes a fee, not to exceed 3% of the revenue provided to
5the school, to cover the cost of undertaking the ongoing
6administrative responsibilities of the eligible chartering
7authority with respect to the school. This fee must be
8deposited into the State Charter School Commission Fund.
9    (c) On July 1, 2020, any (k) Any charter school authorized
10by the State Charter School Commission State Board prior to
11July 1, 2020 this amendatory Act of the 97th General Assembly
12shall have its authorization transferred to the Commission upon
13a vote of the State Board, which shall then become the school's
14authorizer for all purposes under this Article. On July 1, 2020
15However, in no case shall such transfer take place later than
16July 1, 2012. At this time, all of the powers, duties, assets,
17liabilities, contracts, property, records, and pending
18business of the State Charter School Commission State Board as
19the school's authorizer must be transferred to the State Board
20Commission. Any charter school authorized by a local school
21board or boards may seek transfer of authorization to the
22Commission during its current term only with the approval of
23the local school board or boards. At the end of its charter
24term, a charter school may authorized by a local school board
25or boards must reapply to the board or boards for authorization
26before it may apply for authorization to the Commission under



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1the terms of this amendatory Act of the 97th General Assembly.
2    (d) On July 1, 2020 the effective date of this amendatory
3Act of the 97th General Assembly, all rules of the State Board
4applicable to matters falling within the responsibility of the
5State Charter School Commission shall be applicable to the
6actions of the State Board Commission. The Commission shall
7thereafter have the authority to propose to the State Board
8modifications to all rules applicable to matters falling within
9the responsibility of the Commission. The State Board shall
10retain rulemaking authority for the Commission, but shall work
11jointly with the Commission on any proposed modifications. Upon
12recommendation of proposed rule modifications by the
13Commission and pursuant to the Illinois Administrative
14Procedure Act, the State Board shall consider such changes
15within the intent of this amendatory Act of the 97th General
16Assembly and grant any and all changes consistent with that
18    (l) The Commission shall have the responsibility to
19consider appeals under this Article immediately upon
20appointment of the initial members of the Commission under
21subsection (c) of this Section. Appeals pending at the time of
22initial appointment shall be determined by the Commission; the
23Commission may extend the time for review as necessary for
24thorough review, but in no case shall the extension exceed the
25time that would have been available had the appeal been
26submitted to the Commission on the date of appointment of its



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1initial members. In any appeal filed with the Commission under
2this Article, both the applicant and the school district in
3which the charter school plans to locate shall have the right
4to request a hearing before the Commission. If more than one
5entity requests a hearing, then the Commission may hold only
6one hearing, wherein the applicant and the school district
7shall have an equal opportunity to present their respective
9(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
1097-1156, eff. 1-25-13.)
11    (105 ILCS 5/27A-7.10)
12    Sec. 27A-7.10. Authorizer powers and duties; immunity;
13principles and standards.
14    (a) Authorizers are responsible for executing, in
15accordance with this Article, all of the following powers and
17        (1) Soliciting and evaluating charter applications.
18        (2) Approving quality charter applications that meet
19    identified educational needs and promote a diversity of
20    educational choices.
21        (3) Declining to approve weak or inadequate charter
22    applications.
23        (4) Negotiating and executing sound charter contracts
24    with each approved charter school.
25        (5) Monitoring, in accordance with charter contract



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



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



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1    nondiscriminatory admissions policy.
2    (b) In the case of a proposal to establish a charter school
3by converting an existing public school or attendance center to
4charter school status, evidence that the proposed formation of
5the charter school has received majority support from certified
6teachers and from parents and guardians in the school or
7attendance center affected by the proposed charter, and, if
8applicable, from a local school council, shall be demonstrated
9by a petition in support of the charter school signed by
10certified teachers and a petition in support of the charter
11school signed by parents and guardians and, if applicable, by a
12vote of the local school council held at a public meeting. In
13the case of all other proposals to establish a charter school,
14evidence of sufficient support to fill the number of pupil
15seats set forth in the proposal may be demonstrated by a
16petition in support of the charter school signed by parents and
17guardians of students eligible to attend the charter school. In
18all cases, the individuals, organizations, or entities who
19initiate the proposal to establish a charter school may elect,
20in lieu of including any petition referred to in this
21subsection as a part of the proposal submitted to the local
22school board, to demonstrate that the charter school has
23received the support referred to in this subsection by other
24evidence and information presented at the public meeting that
25the local school board is required to convene under this



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1    (c) Within 45 days of receipt of a charter school proposal,
2the local school board shall convene a public meeting to obtain
3information to assist the board in its decision to grant or
4deny the charter school proposal. A local school board may
5develop its own process for receiving charter school proposals
6on an annual basis that follows the same timeframes as set
7forth in this Article. Final decisions of a local school board
8are subject to judicial review under the Administrative Review
9Law. Only after the local school board process is followed may
10a charter school applicant appeal to the Commission.
11    (d) Notice of the public meeting required by this Section
12shall be published in a community newspaper published in the
13school district in which the proposed charter is located and,
14if there is no such newspaper, then in a newspaper published in
15the county and having circulation in the school district. The
16notices shall be published not more than 10 days nor less than
175 days before the meeting and shall state that information
18regarding a charter school proposal will be heard at the
19meeting. Copies of the notice shall also be posted at
20appropriate locations in the school or attendance center
21proposed to be established as a charter school, the public
22schools in the school district, and the local school board
23office. If 45 days pass without the local school board holding
24a public meeting, then the charter applicant may submit the
25proposal to the Commission, where it must be addressed in
26accordance with the provisions set forth in subsection (g) of



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



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1Commission finds that the proposal (i) is in compliance with
2this Article and (ii) is in the best interests of the students
3the charter school is designed to serve. Final decisions of the
4Commission are subject to judicial review under the
5Administrative Review Law.
6    (i) (Blank). In the case of a charter school proposed to be
7jointly authorized by 2 or more school districts, the local
8school boards may unanimously deny the charter school proposal
9with a statement that the local school boards are not opposed
10to the charter school, but that they yield to the Commission in
11light of the complexities of joint administration.
12(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
1396-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
14    (105 ILCS 5/27A-9)
15    Sec. 27A-9. Term of charter; renewal.
16    (a) For charters granted before January 1, 2017 (the
17effective date of Public Act 99-840), a charter may be granted
18for a period not less than 5 and not more than 10 school years.
19For charters granted on or after January 1, 2017 (the effective
20date of Public Act 99-840), a charter shall be granted for a
21period of 5 school years. For charters renewed before January
221, 2017 (the effective date of Public Act 99-840), a charter
23may be renewed in incremental periods not to exceed 5 school
24years. For charters renewed on or after January 1, 2017 (the
25effective date of Public Act 99-840), a charter may be renewed



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1in incremental periods not to exceed 10 school years; however,
2the State Board Commission may renew a charter only in
3incremental periods not to exceed 5 years. Authorizers shall
4ensure that every charter granted on or after January 1, 2017
5(the effective date of Public Act 99-840) includes standards
6and goals for academic, organizational, and financial
7performance. A charter must meet all standards and goals for
8academic, organizational, and financial performance set forth
9by the authorizer in order to be renewed for a term in excess
10of 5 years but not more than 10 years. If an authorizer fails
11to establish standards and goals, a charter shall not be
12renewed for a term in excess of 5 years. Nothing contained in
13this Section shall require an authorizer to grant a full
1410-year renewal term to any particular charter school, but an
15authorizer may award a full 10-year renewal term to charter
16schools that have a demonstrated track record of improving
17student performance.
18    (b) A charter school renewal proposal submitted to the
19local school board or the State Board Commission, as the
20chartering entity, shall contain:
21        (1) A report on the progress of the charter school in
22    achieving the goals, objectives, pupil performance
23    standards, content standards, and other terms of the
24    initial approved charter proposal; and
25        (2) A financial statement that discloses the costs of
26    administration, instruction, and other spending categories



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



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1shall not exceed 2 years or the date of the charter's
2expiration, whichever is earlier. If the local school board or
3the State Board Commission, as the chartering entity, finds
4that the charter school has failed to implement the plan of
5remediation and adhere to the timeline, then the chartering
6entity shall revoke the charter. Except in situations of an
7emergency where the health, safety, or education of the charter
8school's students is at risk, the revocation shall take place
9at the end of a school year. Nothing in Public Act 96-105 shall
10be construed to prohibit an implementation timetable that is
11less than 2 years in duration.
12    (d) (Blank).
13    (e) Notice of a local school board's decision to deny,
14revoke, or not renew a charter shall be provided to the
15Commission and the State Board. The Commission may reverse a
16local board's decision if the Commission finds that the charter
17school or charter school proposal (i) is in compliance with
18this Article, and (ii) is in the best interests of the students
19it is designed to serve. The Commission may condition the
20granting of an appeal on the acceptance by the charter school
21of funding in an amount less than that requested in the
22proposal submitted to the local school board. Final decisions
23of the Commission shall be subject to judicial review under the
24Administrative Review Law.
25    (f) Notwithstanding other provisions of this Article, if
26the Commission on appeal reverses a local board's decision or



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1if a charter school is approved by referendum, the State Board
2Commission shall act as the authorized chartering entity for
3the charter school. The State Board Commission shall approve
4the charter and shall perform all functions under this Article
5otherwise performed by the local school board. The State Board
6shall determine whether the charter proposal approved by the
7Commission is consistent with the provisions of this Article
8and, if the approved proposal complies, certify the proposal
9pursuant to this Article. The State Board shall report the
10aggregate number of charter school pupils resident in a school
11district to that district and shall notify the district of the
12amount of funding to be paid by the State Board to the charter
13school enrolling such students. The State Board Commission
14shall require the charter school to maintain accurate records
15of daily attendance that shall be deemed sufficient to file
16claims under Section 18-8.05 or 18-8.15 notwithstanding any
17other requirements of that Section regarding hours of
18instruction and teacher certification. The State Board shall
19withhold from funds otherwise due the district the funds
20authorized by this Article to be paid to the charter school and
21shall pay such amounts to the 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.)".