Illinois General Assembly - Full Text of SB1226
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Full Text of SB1226  101st General Assembly


Rep. Emanuel Chris Welch

Filed: 5/6/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1226 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8Section is repealed on October 1, 2020.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-5, 27A-6.5, 27A-7.5, 27A-7.10, 27A-8, 27A-9, and 27A-11.5
12as follows:
13    (105 ILCS 5/27A-5)
14    Sec. 27A-5. Charter school; legal entity; requirements.



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1    (a) A charter school shall be a public, nonsectarian,
2nonreligious, non-home based, and non-profit school. A charter
3school shall be organized and operated as a nonprofit
4corporation or other discrete, legal, nonprofit entity
5authorized under the laws of the State of Illinois.
6    (b) A charter school may be established under this Article
7by creating a new school or by converting an existing public
8school or attendance center to charter school status. Beginning
9on April 16, 2003 (the effective date of Public Act 93-3), in
10all new applications to establish a charter school in a city
11having a population exceeding 500,000, operation of the charter
12school shall be limited to one campus. The changes made to this
13Section by Public Act 93-3 do not apply to charter schools
14existing or approved on or before April 16, 2003 (the effective
15date of Public Act 93-3).
16    (b-5) In this subsection (b-5), "virtual-schooling" means
17a cyber school where students engage in online curriculum and
18instruction via the Internet and electronic communication with
19their teachers at remote locations and with students
20participating at different times.
21    From April 1, 2013 through December 31, 2016, there is a
22moratorium on the establishment of charter schools with
23virtual-schooling components in school districts other than a
24school district organized under Article 34 of this Code. This
25moratorium does not apply to a charter school with
26virtual-schooling components existing or approved prior to



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1April 1, 2013 or to the renewal of the charter of a charter
2school with virtual-schooling components already approved
3prior to April 1, 2013.
4    On or before March 1, 2014, the Commission shall submit to
5the General Assembly a report on the effect of
6virtual-schooling, including without limitation the effect on
7student performance, the costs associated with
8virtual-schooling, and issues with oversight. The report shall
9include policy recommendations for virtual-schooling.
10    (c) A charter school shall be administered and governed by
11its board of directors or other governing body in the manner
12provided in its charter. The governing body of a charter school
13shall be subject to the Freedom of Information Act and the Open
14Meetings Act.
15    (d) For purposes of this subsection (d), "non-curricular
16health and safety requirement" means any health and safety
17requirement created by statute or rule to provide, maintain,
18preserve, or safeguard safe or healthful conditions for
19students and school personnel or to eliminate, reduce, or
20prevent threats to the health and safety of students and school
21personnel. "Non-curricular health and safety requirement" does
22not include any course of study or specialized instructional
23requirement for which the State Board has established goals and
24learning standards or which is designed primarily to impart
25knowledge and skills for students to master and apply as an
26outcome of their education.



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1    A charter school shall comply with all non-curricular
2health and safety requirements applicable to public schools
3under the laws of the State of Illinois. On or before September
41, 2015, the State Board shall promulgate and post on its
5Internet website a list of non-curricular health and safety
6requirements that a charter school must meet. The list shall be
7updated annually no later than September 1. Any charter
8contract between a charter school and its authorizer must
9contain a provision that requires the charter school to follow
10the list of all non-curricular health and safety requirements
11promulgated by the State Board and any non-curricular health
12and safety requirements added by the State Board to such list
13during the term of the charter. Nothing in this subsection (d)
14precludes an authorizer from including non-curricular health
15and safety requirements in a charter school contract that are
16not contained in the list promulgated by the State Board,
17including non-curricular health and safety requirements of the
18authorizing local school board.
19    (e) Except as otherwise provided in the School Code, a
20charter school shall not charge tuition; provided that a
21charter school may charge reasonable fees for textbooks,
22instructional materials, and student activities.
23    (f) A charter school shall be responsible for the
24management and operation of its fiscal affairs including, but
25not limited to, the preparation of its budget. An audit of each
26charter school's finances shall be conducted annually by an



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1outside, independent contractor retained by the charter
2school. To ensure financial accountability for the use of
3public funds, on or before December 1 of every year of
4operation, each charter school shall submit to its authorizer
5and the State Board a copy of its audit and a copy of the Form
6990 the charter school filed that year with the federal
7Internal Revenue Service. In addition, if deemed necessary for
8proper financial oversight of the charter school, an authorizer
9may require quarterly financial statements from each charter
11    (g) A charter school shall comply with all provisions of
12this Article, the Illinois Educational Labor Relations Act, all
13federal and State laws and rules applicable to public schools
14that pertain to special education and the instruction of
15English learners, and its charter. A charter school is exempt
16from all other State laws and regulations in this Code
17governing public schools and local school board policies;
18however, a charter school is not exempt from the following:
19        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
20    criminal history records checks and checks of the Statewide
21    Sex Offender Database and Statewide Murderer and Violent
22    Offender Against Youth Database of applicants for
23    employment;
24        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
25    34-84a of this Code regarding discipline of students;
26        (3) the Local Governmental and Governmental Employees



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1    Tort Immunity Act;
2        (4) Section 108.75 of the General Not For Profit
3    Corporation Act of 1986 regarding indemnification of
4    officers, directors, employees, and agents;
5        (5) the Abused and Neglected Child Reporting Act;
6        (5.5) subsection (b) of Section 10-23.12 and
7    subsection (b) of Section 34-18.6 of this Code;
8        (6) the Illinois School Student Records Act;
9        (7) Section 10-17a of this Code regarding school report
10    cards;
11        (8) the P-20 Longitudinal Education Data System Act;
12        (9) Section 27-23.7 of this Code regarding bullying
13    prevention;
14        (10) Section 2-3.162 of this Code regarding student
15    discipline reporting;
16        (11) Sections 22-80 and 27-8.1 of this Code;
17        (12) Sections 10-20.60 and 34-18.53 of this Code;
18        (13) Sections 10-20.63 and 34-18.56 of this Code; and
19        (14) Section 26-18 of this Code; and
20        (15) Section 22-30 of this Code.
21    The change made by Public Act 96-104 to this subsection (g)
22is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a



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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required to
6perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after April
816, 2003 (the effective date of Public Act 93-3) and that
9operates in a city having a population exceeding 500,000 may
10not contract with a for-profit entity to manage or operate the
11school during the period that commences on April 16, 2003 (the
12effective date of Public Act 93-3) and concludes at the end of
13the 2004-2005 school year. Except as provided in subsection (i)
14of this Section, a school district may charge a charter school
15reasonable rent for the use of the district's buildings,
16grounds, and facilities. Any services for which a charter
17school contracts with a school district shall be provided by
18the district at cost. Any services for which a charter school
19contracts with a local school board or with the governing body
20of a State college or university or public community college
21shall be provided by the public entity at cost.
22    (i) In no event shall a charter school that is established
23by converting an existing school or attendance center to
24charter school status be required to pay rent for space that is
25deemed available, as negotiated and provided in the charter
26agreement, in school district facilities. However, all other



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1costs for the operation and maintenance of school district
2facilities that are used by the charter school shall be subject
3to negotiation between the charter school and the local school
4board and shall be set forth in the charter.
5    (j) A charter school may limit student enrollment by age or
6grade level.
7    (k) If the charter school is approved by the State Board or
8Commission, then the Commission charter school is its own local
9education agency.
10(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
11eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1299-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
13100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
141-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
15eff. 8-14-18; revised 10-5-18.)
16    (105 ILCS 5/27A-6.5)
17    Sec. 27A-6.5. Charter school referendum.
18    (a) No charter shall go into effect under this Section that
19would convert any existing private, parochial, or non-public
20school to a charter school or whose proposal has not been
21certified by the State Board.
22    (b) A local school board shall, whenever petitioned to do
23so by 5% or more of the voters of a school district or
24districts identified in a charter school proposal, order
25submitted to the voters thereof at a regularly scheduled



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1election the question of whether a new charter school shall be
2established, which proposal has been found by the State Board
3Commission to be in compliance with the provisions of this
4Article, and the secretary shall certify the proposition to the
5proper election authorities for submission in accordance with
6the general election law. The proposition shall be in
7substantially the following form:
8        "FOR the establishment of (name of proposed charter
9    school) under charter school proposal (charter school
10    proposal number).
11        AGAINST the establishment of (name of proposed charter
12    school) under charter school proposal (charter school
13    proposal number)".
14    (c) Before circulating a petition to submit the question of
15whether to establish a charter school to the voters under
16subsection (b) of this Section, the governing body of a
17proposed charter school that desires to establish a new charter
18school by referendum shall submit the charter school proposal
19to the State Board Commission in the form of a proposed
20contract to be entered into between the State Board Commission
21and the governing body of the proposed charter school, together
22with written notice of the intent to have a new charter school
23established by referendum. The contract shall comply with the
24provisions of this Article.
25    If the State Board Commission finds that the proposed
26contract complies with the provisions of this Article, it shall



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1immediately direct the local school board to notify the proper
2election authorities that the question of whether to establish
3a new charter school shall be submitted for referendum.
4    (d) If the State Board Commission finds that the proposal
5fails to comply with the provisions of this Article, it shall
6provide written explanation, detailing its reasons for
7refusal, to the local school board and to the individuals or
8organizations submitting the proposal. The State Board
9Commission shall also notify the local school board and the
10individuals or organizations submitting the proposal that the
11proposal may be amended and resubmitted under the same
12provisions required for an original submission.
13    (e) If a majority of the votes cast upon the proposition in
14each school district designated in the charter school proposal
15is in favor of establishing a charter school, the local school
16board shall notify the State Board and the Commission of the
17passage of the proposition in favor of establishing a charter
18school and the State Board Commission shall approve the charter
19within 7 days after the State Board of Elections has certified
20that a majority of the votes cast upon the proposition is in
21favor of establishing a charter school. The State Board
22Commission shall be the chartering entity for charter schools
23established by referendum under this Section.
24    (f) (Blank). The State Board shall determine whether the
25charter proposal approved by the Commission is consistent with
26the provisions of this Article and, if the approved proposal



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1complies, certify the proposal pursuant to this Article.
2(Source: P.A. 98-739, eff. 7-16-14.)
3    (105 ILCS 5/27A-7.5)
4    Sec. 27A-7.5. State Charter School Commission; abolition
5and transfer to State Board.
6    (a) A State Charter School Commission is established as an
7independent commission with statewide chartering jurisdiction
8and authority. The Commission shall be under the State Board
9for administrative purposes only.
10    (a-5) The State Board shall provide administrative support
11to the Commission as needed.
12    (b) The Commission is responsible for authorizing
13high-quality charter schools throughout this State,
14particularly schools designed to expand opportunities for
15at-risk students, consistent with the purposes of this Article.
16    (c) The Commission shall consist of 9 members, appointed by
17the State Board. The State Board shall make these appointments
18from a slate of candidates proposed by the Governor, within 60
19days after the effective date of this amendatory Act of the
2097th General Assembly with respect to the initial Commission
21members. In making the appointments, the State Board shall
22ensure statewide geographic diversity among Commission
23members. The Governor shall propose a slate of candidates to
24the State Board within 60 days after the effective date of this
25amendatory 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    The State Charter School Commission Fund is created as a
9special fund in the State treasury. Until July 1, 2020, all All
10money in the Fund shall be used, subject to appropriation, by
11the State Board, acting on behalf and with the consent of the
12Commission, for operational and administrative costs of the
13Commission. Beginning on July 1, 2020 through August 31, 2020,
14all money in the Fund shall be used, subject to appropriation,
15by the State Board for operational and administrative costs. On
16September 1, 2020, or as soon thereafter as practicable, in
17consultation with the State Board, the State Comptroller shall
18order transferred and the State Treasurer shall transfer all
19money in the State Charter School Commission Fund to the State
20Board of Education Special Purpose Trust Fund.
21    Subject to appropriation, any funds appropriated for use by
22the State Board, acting on behalf and with the consent of the
23Commission, may be used for the following purposes, without
24limitation: personal services, contractual services, and other
25operational and administrative costs. The State Board is
26further authorized to make expenditures with respect to any



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1other amounts deposited in accordance with law into the State
2Charter School Commission Fund.
3    (g-5) Funds or spending authority for the operation and
4administrative costs of the Commission shall be appropriated to
5the State Board in a separate line item. The State
6Superintendent of Education may not reduce or modify the budget
7of the Commission or use funds appropriated to the Commission
8without the approval of the Commission.
9    (h) The Commission shall operate with dedicated resources
10and staff qualified to execute the day-to-day responsibilities
11of charter school authorizing in accordance with this Article.
12The Commission may employ and fix the compensation of such
13employees and technical assistants as it deems necessary to
14carry out its powers and duties under this Article, without
15regard to the requirements of any civil service or personnel
16statute; and may establish and administer standards of
17classification of all such persons with respect to their
18compensation, duties, performance, and tenure and enter into
19contracts of employment with such persons for such periods and
20on such terms as the Commission deems desirable.
21    (i) (Blank). Every 2 years, the Commission shall provide to
22the State Board and local school boards a report on best
23practices in charter school authorizing, including without
24limitation evaluating applications, oversight of charters, and
25renewal of charter schools.
26    (j) Until July 1, 2020, the The Commission may charge a



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1charter school that it authorizes a fee, not to exceed 3% of
2the revenue provided to the school, to cover the cost of
3undertaking the ongoing administrative responsibilities of the
4eligible chartering authority with respect to the school. This
5fee must be deposited into the State Charter School Commission
7    Beginning on July 1, 2020, the State Board of Education may
8charge a charter school that it authorizes a fee not to exceed
93% of the revenue provided to the school to be used exclusively
10for covering the cost of authorizing activities. Authorizing
11activities may include, but are not limited to: (i) soliciting,
12reviewing, and taking action on charter school proposals; (ii)
13hiring, training, and supervising staff engaged in authorizing
14activities; (iii) developing and conducting oversight,
15including regular monitoring, of authorized charter schools;
16(iv) reporting on best practices and performances of charter
17schools; (v) applying for, managing, and distributing grants
18and funds appropriated for charter schools and authorizing
19activities; (vi) training members of the State Board on their
20authorizing roles; and (vii) training other employees of the
21State Board on how to work with charter schools as their own
22local education agencies.
23    (k) On July 1, 2020, the State Charter School Commission is
24abolished and the terms of all members end. On that date, all
25of the powers, duties, assets, liabilities, contracts,
26property, records, and pending business of the Commission are



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1transferred to the State Board. For purposes of the Successor
2Agency Act and Section 9b of the State Finance Act, the State
3Board is declared to be the successor agency of the Commission.
4Beginning on July 1, 2020, references in statutes, rules,
5forms, and other documents to the Commission shall, in
6appropriate contexts, be deemed to refer to the State Board.
7Standards and procedures of the Commission in effect on July 1,
82020 shall be deemed standards and procedures of the State
9Board and shall remain in effect until amended or repealed by
10the State Board.
11    Beginning on the effective date of this amendatory Act of
12the 101st General Assembly, the Commission may not enter into
13or renew a contract, other than a charter renewal, that expires
14after July 1, 2020.
15    On July 1, 2020, any (k) Any charter school authorized by
16the State Charter School Commission State Board prior to July
171, 2020 this amendatory Act of the 97th General Assembly shall
18have its authorization transferred to the Commission upon a
19vote of the State Board, which shall then become the school's
20authorizer for all purposes under this Article. On July 1, 2020
21However, in no case shall such transfer take place later than
22July 1, 2012. At this time, all of the powers, duties, assets,
23liabilities, contracts, property, records, and pending
24business of the State Charter School Commission State Board as
25the school's authorizer must be transferred to the State Board
26Commission. Any charter school authorized by a local school



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



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1subsection (c) of this Section. Appeals pending at the time of
2initial appointment shall be determined by the Commission; the
3Commission may extend the time for review as necessary for
4thorough review, but in no case shall the extension exceed the
5time that would have been available had the appeal been
6submitted to the Commission on the date of appointment of its
7initial members. In any appeal filed with the Commission under
8this Article, both the applicant and the school district in
9which the charter school plans to locate shall have the right
10to request a hearing before the Commission. If more than one
11entity requests a hearing, then the Commission may hold only
12one hearing, wherein the applicant and the school district
13shall have an equal opportunity to present their respective
15(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
1697-1156, eff. 1-25-13.)
17    (105 ILCS 5/27A-7.10)
18    Sec. 27A-7.10. Authorizer powers and duties; immunity;
19principles and standards.
20    (a) Authorizers are responsible for executing, in
21accordance with this Article, all of the following powers and
23        (1) Soliciting and evaluating charter applications.
24        (2) Approving quality charter applications that meet
25    identified educational needs and promote a diversity of



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



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



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



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



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1appropriate locations in the school or attendance center
2proposed to be established as a charter school, the public
3schools in the school district, and the local school board
4office. If 45 days pass without the local school board holding
5a public meeting, then the charter applicant may submit the
6proposal to the Commission, where it must be addressed in
7accordance with the provisions set forth in subsection (g) of
8this Section.
9    (e) Within 30 days of the public meeting, the local school
10board shall vote, in a public meeting, to either grant or deny
11the charter school proposal. If the local school board has not
12voted in a public meeting within 30 days after the public
13meeting, then the charter applicant may submit the proposal to
14the Commission, where it must be addressed in accordance with
15the provisions set forth in subsection (g) of this Section.
16    (f) Within 7 days of the public meeting required under
17subsection (e) of this Section, the local school board shall
18file a report with the State Board granting or denying the
19proposal. If the local school board has approved the proposal,
20within 30 days of receipt of the local school board's report,
21the State Board shall determine whether the approved charter
22proposal is consistent with the provisions of this Article and,
23if the approved proposal complies, certify the proposal
24pursuant to Section 27A-6.
25    (g) (Blank). If the local school board votes to deny the
26proposal, then the charter school applicant has 30 days from



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1the date of that vote to submit an appeal to the Commission. In
2such instances or in those instances referenced in subsections
3(d) and (e) of this Section, the Commission shall follow the
4same process and be subject to the same timelines for review as
5the local school board.
6    (h) (Blank). The Commission may reverse a local school
7board's decision to deny a charter school proposal if the
8Commission finds that the proposal (i) is in compliance with
9this Article and (ii) is in the best interests of the students
10the charter school is designed to serve. Final decisions of the
11Commission are subject to judicial review under the
12Administrative Review Law.
13    (i) (Blank). In the case of a charter school proposed to be
14jointly authorized by 2 or more school districts, the local
15school boards may unanimously deny the charter school proposal
16with a statement that the local school boards are not opposed
17to the charter school, but that they yield to the Commission in
18light of the complexities of joint administration.
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 or 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 or 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 or Commission, as the
14chartering entity, clearly demonstrates that the charter
15school did any of the following, or otherwise failed to comply
16with the requirements 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 or Commission, as the chartering entity, shall
3notify the charter school in writing of the reason why the
4charter is subject to revocation. The charter school shall
5submit a written plan to the local school board, the State
6Board, or the Commission, whichever is applicable, to rectify
7the problem. The plan shall include a timeline for
8implementation, which shall not exceed 2 years or the date of
9the charter's expiration, whichever is earlier. If the local
10school board or the State Board or Commission, as the
11chartering entity, finds that the charter school has failed to
12implement the plan of remediation and adhere to the timeline,
13then the chartering entity shall revoke the charter. Except in
14situations of an emergency where the health, safety, or
15education of the charter school's students is at risk, the
16revocation shall take place at the end of a school year.
17Nothing in Public Act 96-105 shall be construed to prohibit an
18implementation timetable that is less than 2 years in duration.
19No local school board may arbitrarily or capriciously revoke or
20not renew a charter. Except for extenuating circumstances
21outlined in this Section, if a local school board revokes or
22does not renew a charter, it must ensure that all students
23currently enrolled in the charter school are placed in schools
24that are higher performing than that charter school, as defined
25in the State's federal Every Student Succeeds Act
26accountability plan. In determining whether extenuating



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1circumstances exist, a local school board must detail, by clear
2and convincing evidence, that factors unrelated to the charter
3school's accountability designation outweigh the charter
4school's academic performance.
5    (d) (Blank).
6    (e) Notice of a local school board's decision to deny,
7revoke, or not renew a charter shall be provided to the
8Commission and the State Board. Until July 1, 2020, the The
9Commission may reverse a local board's decision to not renew a
10charter if the Commission finds that the charter school or
11charter school proposal (i) is in compliance with this Article,
12and (ii) is in the best interests of the students it is
13designed to serve. The Commission may condition the granting of
14an appeal on the acceptance by the charter school of funding in
15an amount less than that requested in the proposal submitted to
16the local school board. Final decisions of the Commission shall
17be subject to judicial review under the Administrative Review
19    The State Board may reverse a local board's decision to
20revoke or, beginning on July 1, 2020, not renew a charter if
21the State Board finds that the charter school or charter school
22proposal (i) is in compliance with this Article and (ii) is in
23the best interests of the students it is designed to serve. The
24State Board may condition the granting of an appeal on the
25acceptance by the charter school of funding in an amount less
26than that requested in the proposal submitted to the local



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1school board. The State Board must appoint and utilize a
2hearing officer for any appeals conducted under this
3subsection. Final decisions of the State Board are subject to
4judicial review under the Administrative Review Law.
5    (f) Notwithstanding other provisions of this Article, if
6the Commission on appeal reverses a local board's decision or
7if a charter school is approved by referendum, the Commission
8shall act as the authorized chartering entity for the charter
9school. The Commission shall approve the charter and shall
10perform all functions under this Article otherwise performed by
11the local school board. The State Board shall determine whether
12the charter proposal approved by the Commission is consistent
13with the provisions of this Article and, if the approved
14proposal complies, certify the proposal pursuant to this
15Article. The State Board shall report the aggregate number of
16charter school pupils resident in a school district to that
17district and shall notify the district of the amount of funding
18to be paid by the State Board to the charter school enrolling
19such students. The Commission shall require the charter school
20to maintain accurate records of daily attendance that shall be
21deemed sufficient to file claims under Section 18-8.05 or
2218-8.15 notwithstanding any other requirements of that Section
23regarding hours of instruction and teacher certification. The
24State Board shall withhold from funds otherwise due the
25district the funds authorized by this Article to be paid to the
26charter school and shall pay such amounts to the charter



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2    (g) For charter schools authorized by the Commission, the
3Commission shall quarterly certify to the State Board the
4student enrollment for each of its charter schools.
5    (h) For charter schools authorized by the Commission, the
6State Board shall pay directly to a charter school any federal
7or State aid attributable to a student with a disability
8attending the school.
9(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
10100-465, eff. 8-31-17.)
11    (105 ILCS 5/27A-11.5)
12    Sec. 27A-11.5. State financing. The State Board of
13Education shall make the following funds available to school
14districts and charter schools:
15        (1) From a separate appropriation made to the State
16    Board for purposes of this subdivision (1), the State Board
17    shall make transition impact aid available to school
18    districts that approve a new charter school or that have
19    funds withheld by the State Board to fund a new charter
20    school that is chartered by the Commission. The amount of
21    the aid shall equal 90% of the per capita funding paid to
22    the charter school during the first year of its initial
23    charter term, 65% of the per capita funding paid to the
24    charter school during the second year of its initial term,
25    and 35% of the per capita funding paid to the charter



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



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



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1    the end of the initial term of the charter school. The
2    State Board may deduct amounts necessary to repay the loan
3    from funds due to the charter school or may require that
4    the local school board that authorized the charter school
5    deduct such amounts from funds due the charter school and
6    remit these amounts to the State Board, provided that the
7    local school board shall not be responsible for repayment
8    of the loan. The State Board may use up to 3% of the
9    appropriation to contract with a non-profit entity to
10    administer the loan program.
11        (4) A charter school may apply for and receive, subject
12    to the same restrictions applicable to school districts,
13    any grant administered by the State Board that is available
14    for school districts.
15    If a charter school fails to make payments toward
16administrative costs, the State Board may withhold State funds
17from that school until it has made all payments for those
19(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".