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




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Finance Act is amended by changing
5Section 5.796 as follows:
6    (30 ILCS 105/5.796)
7    Sec. 5.796. The State Charter School Commission Fund. This
8Section is repealed on October 1, 2020.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.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public



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



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1virtual-schooling, and issues with oversight. The report shall
2include policy recommendations for virtual-schooling.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter school
6shall be subject to the Freedom of Information Act and the Open
7Meetings Act.
8    (d) For purposes of this subsection (d), "non-curricular
9health and safety requirement" means any health and safety
10requirement created by statute or rule to provide, maintain,
11preserve, or safeguard safe or healthful conditions for
12students and school personnel or to eliminate, reduce, or
13prevent threats to the health and safety of students and school
14personnel. "Non-curricular health and safety requirement" does
15not include any course of study or specialized instructional
16requirement for which the State Board has established goals and
17learning standards or which is designed primarily to impart
18knowledge and skills for students to master and apply as an
19outcome of their education.
20    A charter school shall comply with all non-curricular
21health and safety requirements applicable to public schools
22under the laws of the State of Illinois. On or before September
231, 2015, the State Board shall promulgate and post on its
24Internet website a list of non-curricular health and safety
25requirements that a charter school must meet. The list shall be
26updated annually no later than September 1. Any charter



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1contract between a charter school and its authorizer must
2contain a provision that requires the charter school to follow
3the list of all non-curricular health and safety requirements
4promulgated by the State Board and any non-curricular health
5and safety requirements added by the State Board to such list
6during the term of the charter. Nothing in this subsection (d)
7precludes an authorizer from including non-curricular health
8and safety requirements in a charter school contract that are
9not contained in the list promulgated by the State Board,
10including non-curricular health and safety requirements of the
11authorizing local school board.
12    (e) Except as otherwise provided in the School Code, a
13charter school shall not charge tuition; provided that a
14charter school may charge reasonable fees for textbooks,
15instructional materials, and student activities.
16    (f) A charter school shall be responsible for the
17management and operation of its fiscal affairs including, but
18not limited to, the preparation of its budget. An audit of each
19charter school's finances shall be conducted annually by an
20outside, independent contractor retained by the charter
21school. To ensure financial accountability for the use of
22public funds, on or before December 1 of every year of
23operation, each charter school shall submit to its authorizer
24and the State Board a copy of its audit and a copy of the Form
25990 the charter school filed that year with the federal
26Internal Revenue Service. In addition, if deemed necessary for



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1proper financial oversight of the charter school, an authorizer
2may require quarterly financial statements from each charter
4    (g) A charter school shall comply with all provisions of
5this Article, the Illinois Educational Labor Relations Act, all
6federal and State laws and rules applicable to public schools
7that pertain to special education and the instruction of
8English learners, and its charter. A charter school is exempt
9from all other State laws and regulations in this Code
10governing public schools and local school board policies;
11however, a charter school is not exempt from the following:
12        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
13    criminal history records checks and checks of the Statewide
14    Sex Offender Database and Statewide Murderer and Violent
15    Offender Against Youth Database of applicants for
16    employment;
17        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
18    34-84a of this Code regarding discipline of students;
19        (3) the Local Governmental and Governmental Employees
20    Tort Immunity Act;
21        (4) Section 108.75 of the General Not For Profit
22    Corporation Act of 1986 regarding indemnification of
23    officers, directors, employees, and agents;
24        (5) the Abused and Neglected Child Reporting Act;
25        (5.5) subsection (b) of Section 10-23.12 and
26    subsection (b) of Section 34-18.6 of this Code;



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



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116, 2003 (the effective date of Public Act 93-3) and that
2operates in a city having a population exceeding 500,000 may
3not contract with a for-profit entity to manage or operate the
4school during the period that commences on April 16, 2003 (the
5effective date of Public Act 93-3) and concludes at the end of
6the 2004-2005 school year. Except as provided in subsection (i)
7of this Section, a school district may charge a charter school
8reasonable rent for the use of the district's buildings,
9grounds, and facilities. Any services for which a charter
10school contracts with a school district shall be provided by
11the district at cost. Any services for which a charter school
12contracts with a local school board or with the governing body
13of a State college or university or public community college
14shall be provided by the public entity at cost.
15    (i) In no event shall a charter school that is established
16by converting an existing school or attendance center to
17charter school status be required to pay rent for space that is
18deemed available, as negotiated and provided in the charter
19agreement, in school district facilities. However, all other
20costs for the operation and maintenance of school district
21facilities that are used by the charter school shall be subject
22to negotiation between the charter school and the local school
23board and shall be set forth in the charter.
24    (j) A charter school may limit student enrollment by age or
25grade level.
26    (k) If the charter school is approved by the State Board or



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1Commission, then the Commission charter school is its own local
2education agency.
3(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
4eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
599-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
6100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
71-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
8eff. 8-14-18; revised 10-5-18.)
9    (105 ILCS 5/27A-6.5)
10    Sec. 27A-6.5. Charter school referendum.
11    (a) No charter shall go into effect under this Section that
12would convert any existing private, parochial, or non-public
13school to a charter school or whose proposal has not been
14certified by the State Board.
15    (b) A local school board shall, whenever petitioned to do
16so by 5% or more of the voters of a school district or
17districts identified in a charter school proposal, order
18submitted to the voters thereof at a regularly scheduled
19election the question of whether a new charter school shall be
20established, which proposal has been found by the State Board
21Commission to be in compliance with the provisions of this
22Article, and the secretary shall certify the proposition to the
23proper election authorities for submission in accordance with
24the general election law. The proposition shall be in
25substantially the following form:



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



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



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1independent commission with statewide chartering jurisdiction
2and authority. The Commission shall be under the State Board
3for administrative purposes only.
4    (a-5) The State Board shall provide administrative support
5to the Commission as needed.
6    (b) The Commission is responsible for authorizing
7high-quality charter schools throughout this State,
8particularly schools designed to expand opportunities for
9at-risk students, consistent with the purposes of this Article.
10    (c) The Commission shall consist of 9 members, appointed by
11the State Board. The State Board shall make these appointments
12from a slate of candidates proposed by the Governor, within 60
13days after the effective date of this amendatory Act of the
1497th General Assembly with respect to the initial Commission
15members. In making the appointments, the State Board shall
16ensure statewide geographic diversity among Commission
17members. The Governor shall propose a slate of candidates to
18the State Board within 60 days after the effective date of this
19amendatory Act of the 97th General Assembly and 60 days prior
20to the expiration of the term of a member thereafter. If the
21Governor fails to timely propose a slate of candidates
22according to the provisions of this subsection (c), then the
23State Board may appoint the member or members of the
25    (d) Members appointed to the Commission shall collectively
26possess strong experience and expertise in public and nonprofit



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1governance, management and finance, public school leadership,
2higher education, assessments, curriculum and instruction, and
3public education law. All members of the Commission shall have
4demonstrated understanding of and a commitment to public
5education, including without limitation charter schooling. At
6least 3 members must have past experience with urban charter
8    (e) To establish staggered terms of office, the initial
9term of office for 3 Commission members shall be 4 years and
10thereafter shall be 4 years; the initial term of office for
11another 3 members shall be 3 years and thereafter shall be 4
12years; and the initial term of office for the remaining 3
13members shall be 2 years and thereafter shall be 4 years. The
14initial appointments must be made no later than October 1,
16    (f) Whenever a vacancy on the Commission exists, the State
17Board shall appoint a member for the remaining portion of the
19    (g) Subject to the State Officials and Employees Ethics
20Act, the Commission is authorized to receive and expend gifts,
21grants, and donations of any kind from any public or private
22entity to carry out the purposes of this Article, subject to
23the terms and conditions under which they are given, provided
24that all such terms and conditions are permissible under law.
25Funds received under this subsection (g) must be deposited into
26the State Charter School Commission Fund.



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1    The State Charter School Commission Fund is created as a
2special fund in the State treasury. Until July 1, 2020, all All
3money in the Fund shall be used, subject to appropriation, by
4the State Board, acting on behalf and with the consent of the
5Commission, for operational and administrative costs of the
6Commission. Beginning on July 1, 2020 through August 31, 2020,
7all money in the Fund shall be used, subject to appropriation,
8by the State Board for operational and administrative costs. On
9September 1, 2020, or as soon thereafter as practicable, in
10consultation with the State Board, the State Comptroller shall
11order transferred and the State Treasurer shall transfer all
12money in the State Charter School Commission Fund to the State
13Board of Education Special Purpose Trust Fund.
14    Subject to appropriation, any funds appropriated for use by
15the State Board, acting on behalf and with the consent of the
16Commission, may be used for the following purposes, without
17limitation: personal services, contractual services, and other
18operational and administrative costs. The State Board is
19further authorized to make expenditures with respect to any
20other amounts deposited in accordance with law into the State
21Charter School Commission Fund.
22    (g-5) Funds or spending authority for the operation and
23administrative costs of the Commission shall be appropriated to
24the State Board in a separate line item. The State
25Superintendent of Education may not reduce or modify the budget
26of the Commission or use funds appropriated to the Commission



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1without the approval of the Commission.
2    (h) The Commission shall operate with dedicated resources
3and staff qualified to execute the day-to-day responsibilities
4of charter school authorizing in accordance with this Article.
5The Commission may employ and fix the compensation of such
6employees and technical assistants as it deems necessary to
7carry out its powers and duties under this Article, without
8regard to the requirements of any civil service or personnel
9statute; and may establish and administer standards of
10classification of all such persons with respect to their
11compensation, duties, performance, and tenure and enter into
12contracts of employment with such persons for such periods and
13on such terms as the Commission deems desirable.
14    (i) (Blank). Every 2 years, the Commission shall provide to
15the State Board and local school boards a report on best
16practices in charter school authorizing, including without
17limitation evaluating applications, oversight of charters, and
18renewal of charter schools.
19    (j) Until July 1, 2020, the The Commission may charge a
20charter school that it authorizes a fee, not to exceed 3% of
21the revenue provided to the school, to cover the cost of
22undertaking the ongoing administrative responsibilities of the
23eligible chartering authority with respect to the school. This
24fee must be deposited into the State Charter School Commission
26    Beginning on July 1, 2020, the State Board of Education may



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1charge a charter school that it authorizes a fee not to exceed
23% of the revenue provided to the school to be used exclusively
3for covering the cost of authorizing activities. Authorizing
4activities may include, but are not limited to: (i) soliciting,
5reviewing, and taking action on charter school proposals; (ii)
6hiring, training, and supervising staff engaged in authorizing
7activities; (iii) developing and conducting oversight,
8including regular monitoring, of authorized charter schools;
9(iv) reporting on best practices and performances of charter
10schools; (v) applying for, managing, and distributing grants
11and funds appropriated for charter schools and authorizing
12activities; (vi) training members of the State Board on their
13authorizing roles; and (vii) training other employees of the
14State Board on how to work with charter schools as their own
15local education agencies.
16    (k) On July 1, 2020, the State Charter School Commission is
17abolished and the terms of all members end. On that date, all
18of the powers, duties, assets, liabilities, contracts,
19property, records, and pending business of the Commission are
20transferred to the State Board. For purposes of the Successor
21Agency Act and Section 9b of the State Finance Act, the State
22Board is declared to be the successor agency of the Commission.
23Beginning on July 1, 2020, references in statutes, rules,
24forms, and other documents to the Commission shall, in
25appropriate contexts, be deemed to refer to the State Board.
26Standards and procedures of the Commission in effect on July 1,



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12020 shall be deemed standards and procedures of the State
2Board and shall remain in effect until amended or repealed by
3the State Board.
4    Beginning on the effective date of this amendatory Act of
5the 101st General Assembly, the Commission may not enter into
6or renew a contract, other than a charter renewal, that expires
7after July 1, 2020.
8    On July 1, 2020, any (k) Any charter school authorized by
9the State Charter School Commission State Board prior to July
101, 2020 this amendatory Act of the 97th General Assembly shall
11have its authorization transferred to the Commission upon a
12vote of the State Board, which shall then become the school's
13authorizer for all purposes under this Article. On July 1, 2020
14However, in no case shall such transfer take place later than
15July 1, 2012. At this time, all of the powers, duties, assets,
16liabilities, contracts, property, records, and pending
17business of the State Charter School Commission State Board as
18the school's authorizer must be transferred to the State Board
19Commission. Any charter school authorized by a local school
20board or boards may seek transfer of authorization to the
21Commission during its current term only with the approval of
22the local school board or boards. At the end of its charter
23term, a charter school may authorized by a local school board
24or boards must reapply to the board or boards for authorization
25before it may apply for authorization to the Commission under
26the terms of this amendatory Act of the 97th General Assembly.



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



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1this Article, both the applicant and the school district in
2which the charter school plans to locate shall have the right
3to request a hearing before the Commission. If more than one
4entity requests a hearing, then the Commission may hold only
5one hearing, wherein the applicant and the school district
6shall have an equal opportunity to present their respective
8(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
997-1156, eff. 1-25-13.)
10    (105 ILCS 5/27A-7.10)
11    Sec. 27A-7.10. Authorizer powers and duties; immunity;
12principles and standards.
13    (a) Authorizers are responsible for executing, in
14accordance with this Article, all of the following powers and
16        (1) Soliciting and evaluating charter applications.
17        (2) Approving quality charter applications that meet
18    identified educational needs and promote a diversity of
19    educational choices.
20        (3) Declining to approve weak or inadequate charter
21    applications.
22        (4) Negotiating and executing sound charter contracts
23    with each approved charter school.
24        (5) Monitoring, in accordance with charter contract
25    terms, the performance and legal compliance of charter



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1    schools.
2        (6) Determining whether each charter contract merits
3    renewal, nonrenewal, or revocation.
4    (b) An authorizing entity may delegate its duties to
5officers, employees, and contractors.
6    (c) Regulation by authorizers is limited to the powers and
7duties set forth in subsection (a) of this Section and must be
8consistent with the spirit and intent of this Article.
9    (d) An authorizing entity, members of the local school
10board, or the State Board, and the Commission, in their
11official capacity, and employees of an authorizer are immune
12from civil and criminal liability with respect to all
13activities related to a charter school that they authorize,
14except for willful or wanton misconduct.
15    (e) The State Board, the Commission, and all local school
16boards that have a charter school operating are required to
17develop and maintain chartering policies and practices
18consistent with recognized principles and standards for
19quality charter authorizing in all major areas of authorizing
20responsibility, including all of the following:
21        (1) Organizational capacity and infrastructure.
22        (2) Soliciting and evaluating charter applications if
23    applicable.
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 or 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 or 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 or Commission, as the
7chartering entity, clearly demonstrates that the charter
8school did any of the following, or otherwise failed to comply
9with the requirements 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 or Commission, as the chartering entity, shall
22notify the charter school in writing of the reason why the
23charter is subject to revocation. The charter school shall
24submit a written plan to the local school board, the State
25Board, or the Commission, whichever is applicable, to rectify
26the problem. The plan shall include a timeline for



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1implementation, which shall not exceed 2 years or the date of
2the charter's expiration, whichever is earlier. If the local
3school board or the State Board or Commission, as the
4chartering entity, finds that the charter school has failed to
5implement the plan of remediation and adhere to the timeline,
6then the chartering entity shall revoke the charter. Except in
7situations of an emergency where the health, safety, or
8education of the charter school's students is at risk, the
9revocation shall take place at the end of a school year.
10Nothing in Public Act 96-105 shall be construed to prohibit an
11implementation timetable that is less than 2 years in duration.
12No local school board may arbitrarily or capriciously revoke or
13not renew a charter. Except for extenuating circumstances
14outlined in this Section, if a local school board revokes or
15does not renew a charter, it must ensure that all students
16currently enrolled in the charter school are placed in schools
17that are higher performing than that charter school, as defined
18in the State's federal Every Student Succeeds Act
19accountability plan. In determining whether extenuating
20circumstances exist, a local school board must detail, by clear
21and convincing evidence, that factors unrelated to the charter
22school's accountability designation outweigh the charter
23school's academic performance.
24    (d) (Blank).
25    (e) Notice of a local school board's decision to deny,
26revoke, or not renew a charter shall be provided to the



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1Commission and the State Board. Until July 1, 2020, the The
2Commission may reverse a local board's decision to not renew a
3charter if the Commission finds that the charter school or
4charter school proposal (i) is in compliance with this Article,
5and (ii) is in the best interests of the students it is
6designed to serve. The Commission may condition the granting of
7an appeal on the acceptance by the charter school of funding in
8an amount less than that requested in the proposal submitted to
9the local school board. Final decisions of the Commission shall
10be subject to judicial review under the Administrative Review
12    The State Board may reverse a local board's decision to
13revoke or, beginning on July 1, 2020, not renew a charter if
14the State Board finds that the charter school or charter school
15proposal (i) is in compliance with this Article and (ii) is in
16the best interests of the students it is designed to serve. The
17State Board may condition the granting of an appeal on the
18acceptance by the charter school of funding in an amount less
19than that requested in the proposal submitted to the local
20school board. The State Board must appoint and utilize a
21hearing officer for any appeals conducted under this
22subsection. Final decisions of the State Board are subject to
23judicial review under the Administrative Review Law.
24    (f) Notwithstanding other provisions of this Article, if
25the Commission on appeal reverses a local board's decision or
26if a charter school is approved by referendum, the Commission



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1shall act as the authorized chartering entity for the charter
2school. The Commission shall approve the charter and shall
3perform all functions under this Article otherwise performed by
4the local school board. The State Board shall determine whether
5the charter proposal approved by the Commission is consistent
6with the provisions of this Article and, if the approved
7proposal complies, certify the proposal pursuant to this
8Article. The State Board shall report the aggregate number of
9charter school pupils resident in a school district to that
10district and shall notify the district of the amount of funding
11to be paid by the State Board to the charter school enrolling
12such students. The Commission shall require the charter school
13to maintain accurate records of daily attendance that shall be
14deemed sufficient to file claims under Section 18-8.05 or
1518-8.15 notwithstanding any other requirements of that Section
16regarding hours of instruction and teacher certification. The
17State Board shall withhold from funds otherwise due the
18district the funds authorized by this Article to be paid to the
19charter school and shall pay such amounts to the charter
21    (g) For charter schools authorized by the Commission, the
22Commission shall quarterly certify to the State Board the
23student enrollment for each of its charter schools.
24    (h) For charter schools authorized by the Commission, the
25State Board shall pay directly to a charter school any federal
26or State aid attributable to a student with a disability



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1attending the school.
2(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
3100-465, eff. 8-31-17.)
4    (105 ILCS 5/27A-11.5)
5    Sec. 27A-11.5. State financing. The State Board of
6Education shall make the following funds available to school
7districts and charter schools:
8        (1) From a separate appropriation made to the State
9    Board for purposes of this subdivision (1), the State Board
10    shall make transition impact aid available to school
11    districts that approve a new charter school or that have
12    funds withheld by the State Board to fund a new charter
13    school that is chartered by the Commission. The amount of
14    the aid shall equal 90% of the per capita funding paid to
15    the charter school during the first year of its initial
16    charter term, 65% of the per capita funding paid to the
17    charter school during the second year of its initial term,
18    and 35% of the per capita funding paid to the charter
19    school during the third year of its initial term. This
20    transition impact aid shall be paid to the local school
21    board in equal quarterly installments, with the payment of
22    the installment for the first quarter being made by August
23    1st immediately preceding the first, second, and third
24    years of the initial term. The district shall file an
25    application for this aid with the State Board in a format



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



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



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1    of the loan. The State Board may use up to 3% of the
2    appropriation to contract with a non-profit entity to
3    administer the loan program.
4        (4) A charter school may apply for and receive, subject
5    to the same restrictions applicable to school districts,
6    any grant administered by the State Board that is available
7    for school districts.
8    If a charter school fails to make payments toward
9administrative costs, the State Board may withhold State funds
10from that school until it has made all payments for those
12(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.