Full Text of HB3898 97th General Assembly
HB3898 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3898 Introduced 12/11/2011, by Rep. Bill Mitchell SYNOPSIS AS INTRODUCED: |
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Amends the School Code to prohibit the State Charter School Commission from reversing a local school board's
decision
to
deny, revoke, or not to
renew a charter if the campus of the charter school is to be located on a public community college campus. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 27A-9 as follows:
| 6 | | (105 ILCS 5/27A-9)
| 7 | | Sec. 27A-9. Term of charter; renewal.
| 8 | | (a) A charter may be granted for a period not less than 5 | 9 | | and not
more than
10
school years. A charter may be renewed in | 10 | | incremental periods not to exceed
5
school years.
| 11 | | (b) A charter school renewal proposal submitted to the
| 12 | | local school board or the Commission, as the chartering entity,
| 13 | | shall contain:
| 14 | | (1) A report on the progress of the charter school in | 15 | | achieving the goals,
objectives, pupil performance | 16 | | standards, content standards, and other terms of
the | 17 | | initial approved charter proposal; and
| 18 | | (2) A financial statement that discloses the costs of | 19 | | administration,
instruction, and other spending categories | 20 | | for the charter school that is
understandable to the | 21 | | general public and that will allow comparison of those
| 22 | | costs to other schools or other comparable organizations, | 23 | | in a format required
by the State Board.
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| 1 | | (c) A charter may be revoked
or not renewed if the local | 2 | | school board or the Commission, as the chartering
entity,
| 3 | | clearly demonstrates that the
charter school did any of the
| 4 | | following, or otherwise failed to comply with the requirements | 5 | | of this law:
| 6 | | (1) Committed a material violation of any of the | 7 | | conditions, standards, or
procedures set forth in the | 8 | | charter.
| 9 | | (2) Failed to meet or make reasonable progress toward | 10 | | achievement of the
content standards or pupil performance | 11 | | standards identified in the charter.
| 12 | | (3) Failed to meet generally accepted standards of | 13 | | fiscal management.
| 14 | | (4) Violated any provision of law from which the | 15 | | charter school was not
exempted.
| 16 | | In the case of revocation, the local school board or the | 17 | | Commission, as the chartering entity, shall notify the charter | 18 | | school in writing of the reason why the charter is subject to | 19 | | revocation. The charter school shall submit a written plan to | 20 | | the local school board or the Commission, whichever is | 21 | | applicable, to rectify the problem. The plan shall include a | 22 | | timeline for implementation, which shall not exceed 2 years or | 23 | | the date of the charter's expiration, whichever is earlier. If | 24 | | the local school board or the Commission, as the chartering | 25 | | entity, finds that the charter school has failed to implement | 26 | | the plan of remediation and adhere to the timeline, then the |
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| 1 | | chartering entity shall revoke the charter. Except in | 2 | | situations of an emergency where the health, safety, or | 3 | | education of the charter school's students is at risk, the | 4 | | revocation shall take place at the end of a school year. | 5 | | Nothing in this amendatory Act of the 96th General Assembly | 6 | | shall be construed to prohibit an implementation timetable that | 7 | | is less than 2 years in duration. | 8 | | (d) (Blank).
| 9 | | (e) Notice of a local school board's decision to
deny, | 10 | | revoke or not to
renew a charter shall be provided to the | 11 | | Commission and the State Board.
The Commission may reverse a | 12 | | local school board's
decision
if the Commission finds
that the | 13 | | charter school or charter school proposal (i) is in compliance | 14 | | with
this Article, and (ii) is in the best interests of the | 15 | | students it is designed
to serve. However, the Commission may | 16 | | not reverse a local school board's
decision
if the campus of | 17 | | the charter school is to be located on a public community | 18 | | college campus.
The State Board may condition the granting of | 19 | | an appeal on the acceptance by
the charter school of funding in | 20 | | an amount less than that requested in the
proposal submitted to | 21 | | the local school board.
Final decisions of the Commission shall | 22 | | be subject
to judicial review under the Administrative Review | 23 | | Law.
| 24 | | (f) Notwithstanding other provisions of this Article, if | 25 | | the Commission
on appeal reverses a local board's decision
or | 26 | | if a charter school is
approved by referendum,
the Commission
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| 1 | | shall act as the
authorized chartering entity for the charter | 2 | | school.
The Commission shall
approve the charter and shall | 3 | | perform all functions
under this
Article otherwise performed by | 4 | | the local school
board. The State Board shall determine whether | 5 | | the charter proposal approved by the Commission is consistent | 6 | | with the provisions of this Article and, if the approved | 7 | | proposal complies, certify the proposal pursuant to this | 8 | | Article. The State Board shall
report the aggregate number of | 9 | | charter school pupils resident in a school
district to that | 10 | | district
and shall notify the district
of the amount of
funding | 11 | | to be paid by the Commission to the charter school enrolling | 12 | | such
students.
The Commission shall require the
charter school | 13 | | to maintain accurate records of daily attendance that shall be
| 14 | | deemed sufficient to file claims under Section 18-8.05 | 15 | | notwithstanding any
other requirements of that Section | 16 | | regarding hours of instruction and teacher
certification.
The | 17 | | State Board shall withhold from funds otherwise due the | 18 | | district
the funds authorized by this Article to be paid to the | 19 | | charter school and shall
pay such amounts to the charter | 20 | | school.
| 21 | | (g) For charter schools authorized by the Commission, the | 22 | | Commission shall quarterly certify to the State Board the | 23 | | student enrollment for each of its charter schools. | 24 | | (h) For charter schools authorized by the Commission, the | 25 | | State Board shall pay directly to a charter school any federal | 26 | | or State aid attributable to a student with a disability |
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| 1 | | attending the school. | 2 | | (Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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