Bill Text: IL SB1226 | 2019-2020 | 101st General Assembly | Chaptered


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

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0543 [SB1226 Detail]

Download: Illinois-2019-SB1226-Chaptered.html



Public Act 101-0543
SB1226 EnrolledLRB101 05965 AXK 50986 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Section 5.796 as follows:
(30 ILCS 105/5.796)
Sec. 5.796. The State Charter School Commission Fund. This
Section is repealed on October 1, 2020.
(Source: P.A. 97-152, eff. 7-20-11; 97-813, eff. 7-13-12.)
Section 10. The School Code is amended by changing Sections
27A-5, 27A-6.5, 27A-7.5, 27A-7.10, 27A-8, 27A-9, and 27A-11.5
as follows:
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code; and
(14) Section 26-18 of this Code; and
(15) Section 22-30 of this Code.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the State Board or
Commission, then the Commission charter school is its own local
education agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
eff. 8-14-18; revised 10-5-18.)
(105 ILCS 5/27A-6.5)
Sec. 27A-6.5. Charter school referendum.
(a) No charter shall go into effect under this Section that
would convert any existing private, parochial, or non-public
school to a charter school or whose proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do
so by 5% or more of the voters of a school district or
districts identified in a charter school proposal, order
submitted to the voters thereof at a regularly scheduled
election the question of whether a new charter school shall be
established, which proposal has been found by the State Board
Commission to be in compliance with the provisions of this
Article, and the secretary shall certify the proposition to the
proper election authorities for submission in accordance with
the general election law. The proposition shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter
school) under charter school proposal (charter school
proposal number).
AGAINST the establishment of (name of proposed charter
school) under charter school proposal (charter school
proposal number)".
(c) Before circulating a petition to submit the question of
whether to establish a charter school to the voters under
subsection (b) of this Section, the governing body of a
proposed charter school that desires to establish a new charter
school by referendum shall submit the charter school proposal
to the State Board Commission in the form of a proposed
contract to be entered into between the State Board Commission
and the governing body of the proposed charter school, together
with written notice of the intent to have a new charter school
established by referendum. The contract shall comply with the
provisions of this Article.
If the State Board Commission finds that the proposed
contract complies with the provisions of this Article, it shall
immediately direct the local school board to notify the proper
election authorities that the question of whether to establish
a new charter school shall be submitted for referendum.
(d) If the State Board Commission finds that the proposal
fails to comply with the provisions of this Article, it shall
provide written explanation, detailing its reasons for
refusal, to the local school board and to the individuals or
organizations submitting the proposal. The State Board
Commission shall also notify the local school board and the
individuals or organizations submitting the proposal that the
proposal may be amended and resubmitted under the same
provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in
each school district designated in the charter school proposal
is in favor of establishing a charter school, the local school
board shall notify the State Board and the Commission of the
passage of the proposition in favor of establishing a charter
school and the State Board Commission shall approve the charter
within 7 days after the State Board of Elections has certified
that a majority of the votes cast upon the proposition is in
favor of establishing a charter school. The State Board
Commission shall be the chartering entity for charter schools
established by referendum under this Section.
(f) (Blank). The State Board shall determine whether the
charter proposal approved by the Commission is consistent with
the provisions of this Article and, if the approved proposal
complies, certify the proposal pursuant to this Article.
(Source: P.A. 98-739, eff. 7-16-14.)
(105 ILCS 5/27A-7.5)
Sec. 27A-7.5. State Charter School Commission; abolition
and transfer to State Board.
(a) A State Charter School Commission is established as an
independent commission with statewide chartering jurisdiction
and authority. The Commission shall be under the State Board
for administrative purposes only.
(a-5) The State Board shall provide administrative support
to the Commission as needed.
(b) The Commission is responsible for authorizing
high-quality charter schools throughout this State,
particularly schools designed to expand opportunities for
at-risk students, consistent with the purposes of this Article.
(c) The Commission shall consist of 9 members, appointed by
the State Board. The State Board shall make these appointments
from a slate of candidates proposed by the Governor, within 60
days after the effective date of this amendatory Act of the
97th General Assembly with respect to the initial Commission
members. In making the appointments, the State Board shall
ensure statewide geographic diversity among Commission
members. The Governor shall propose a slate of candidates to
the State Board within 60 days after the effective date of this
amendatory Act of the 97th General Assembly and 60 days prior
to the expiration of the term of a member thereafter. If the
Governor fails to timely propose a slate of candidates
according to the provisions of this subsection (c), then the
State Board may appoint the member or members of the
Commission.
(d) Members appointed to the Commission shall collectively
possess strong experience and expertise in public and nonprofit
governance, management and finance, public school leadership,
higher education, assessments, curriculum and instruction, and
public education law. All members of the Commission shall have
demonstrated understanding of and a commitment to public
education, including without limitation charter schooling. At
least 3 members must have past experience with urban charter
schools.
(e) To establish staggered terms of office, the initial
term of office for 3 Commission members shall be 4 years and
thereafter shall be 4 years; the initial term of office for
another 3 members shall be 3 years and thereafter shall be 4
years; and the initial term of office for the remaining 3
members shall be 2 years and thereafter shall be 4 years. The
initial appointments must be made no later than October 1,
2011.
(f) Whenever a vacancy on the Commission exists, the State
Board shall appoint a member for the remaining portion of the
term.
(g) Subject to the State Officials and Employees Ethics
Act, the Commission is authorized to receive and expend gifts,
grants, and donations of any kind from any public or private
entity to carry out the purposes of this Article, subject to
the terms and conditions under which they are given, provided
that all such terms and conditions are permissible under law.
Funds received under this subsection (g) must be deposited into
the State Charter School Commission Fund.
The State Charter School Commission Fund is created as a
special fund in the State treasury. Until July 1, 2020, all All
money in the Fund shall be used, subject to appropriation, by
the State Board, acting on behalf and with the consent of the
Commission, for operational and administrative costs of the
Commission. Beginning on July 1, 2020 through August 31, 2020,
all money in the Fund shall be used, subject to appropriation,
by the State Board for operational and administrative costs. On
September 1, 2020, or as soon thereafter as practicable, in
consultation with the State Board, the State Comptroller shall
order transferred and the State Treasurer shall transfer all
money in the State Charter School Commission Fund to the State
Board of Education Special Purpose Trust Fund.
Subject to appropriation, any funds appropriated for use by
the State Board, acting on behalf and with the consent of the
Commission, may be used for the following purposes, without
limitation: personal services, contractual services, and other
operational and administrative costs. The State Board is
further authorized to make expenditures with respect to any
other amounts deposited in accordance with law into the State
Charter School Commission Fund.
(g-5) Funds or spending authority for the operation and
administrative costs of the Commission shall be appropriated to
the State Board in a separate line item. The State
Superintendent of Education may not reduce or modify the budget
of the Commission or use funds appropriated to the Commission
without the approval of the Commission.
(h) The Commission shall operate with dedicated resources
and staff qualified to execute the day-to-day responsibilities
of charter school authorizing in accordance with this Article.
The Commission may employ and fix the compensation of such
employees and technical assistants as it deems necessary to
carry out its powers and duties under this Article, without
regard to the requirements of any civil service or personnel
statute; and may establish and administer standards of
classification of all such persons with respect to their
compensation, duties, performance, and tenure and enter into
contracts of employment with such persons for such periods and
on such terms as the Commission deems desirable.
(i) (Blank). Every 2 years, the Commission shall provide to
the State Board and local school boards a report on best
practices in charter school authorizing, including without
limitation evaluating applications, oversight of charters, and
renewal of charter schools.
(j) Until July 1, 2020, the The Commission may charge a
charter school that it authorizes a fee, not to exceed 3% of
the revenue provided to the school, to cover the cost of
undertaking the ongoing administrative responsibilities of the
eligible chartering authority with respect to the school. This
fee must be deposited into the State Charter School Commission
Fund.
Beginning on July 1, 2020, the State Board of Education may
charge a charter school that it authorizes a fee not to exceed
3% of the revenue provided to the school to be used exclusively
for covering the cost of authorizing activities. Authorizing
activities may include, but are not limited to: (i) soliciting,
reviewing, and taking action on charter school proposals; (ii)
hiring, training, and supervising staff engaged in authorizing
activities; (iii) developing and conducting oversight,
including regular monitoring, of authorized charter schools;
(iv) reporting on best practices and performances of charter
schools; (v) applying for, managing, and distributing grants
and funds appropriated for charter schools and authorizing
activities; (vi) training members of the State Board on their
authorizing roles; and (vii) training other employees of the
State Board on how to work with charter schools as their own
local education agencies.
(k) On July 1, 2020, the State Charter School Commission is
abolished and the terms of all members end. On that date, all
of the powers, duties, assets, liabilities, contracts,
property, records, and pending business of the Commission are
transferred to the State Board. For purposes of the Successor
Agency Act and Section 9b of the State Finance Act, the State
Board is declared to be the successor agency of the Commission.
Beginning on July 1, 2020, references in statutes, rules,
forms, and other documents to the Commission shall, in
appropriate contexts, be deemed to refer to the State Board.
Standards and procedures of the Commission in effect on July 1,
2020 shall be deemed standards and procedures of the State
Board and shall remain in effect until amended or repealed by
the State Board.
Beginning on the effective date of this amendatory Act of
the 101st General Assembly, the Commission may not enter into
or renew a contract, other than a charter renewal, that expires
after July 1, 2020.
On July 1, 2020, any (k) Any charter school authorized by
the State Charter School Commission State Board prior to July
1, 2020 this amendatory Act of the 97th General Assembly shall
have its authorization transferred to the Commission upon a
vote of the State Board, which shall then become the school's
authorizer for all purposes under this Article. On July 1, 2020
However, in no case shall such transfer take place later than
July 1, 2012. At this time, all of the powers, duties, assets,
liabilities, contracts, property, records, and pending
business of the State Charter School Commission State Board as
the school's authorizer must be transferred to the State Board
Commission. Any charter school authorized by a local school
board or boards may seek transfer of authorization to the
Commission during its current term only with the approval of
the local school board or boards. At the end of its charter
term, a charter school may authorized by a local school board
or boards must reapply to the board or boards for authorization
before it may apply for authorization to the Commission under
the terms of this amendatory Act of the 97th General Assembly.
On July 1, 2020 the effective date of this amendatory Act
of the 97th General Assembly, all rules of the State Board
applicable to matters falling within the responsibility of the
State Charter School Commission shall be applicable to the
actions of the State Board Commission. The Commission shall
thereafter have the authority to propose to the State Board
modifications to all rules applicable to matters falling within
the responsibility of the Commission. The State Board shall
retain rulemaking authority for the Commission, but shall work
jointly with the Commission on any proposed modifications. Upon
recommendation of proposed rule modifications by the
Commission and pursuant to the Illinois Administrative
Procedure Act, the State Board shall consider such changes
within the intent of this amendatory Act of the 97th General
Assembly and grant any and all changes consistent with that
intent.
(l) The Commission shall have the responsibility to
consider appeals under this Article immediately upon
appointment of the initial members of the Commission under
subsection (c) of this Section. Appeals pending at the time of
initial appointment shall be determined by the Commission; the
Commission may extend the time for review as necessary for
thorough review, but in no case shall the extension exceed the
time that would have been available had the appeal been
submitted to the Commission on the date of appointment of its
initial members. In any appeal filed with the Commission under
this Article, both the applicant and the school district in
which the charter school plans to locate shall have the right
to request a hearing before the Commission. If more than one
entity requests a hearing, then the Commission may hold only
one hearing, wherein the applicant and the school district
shall have an equal opportunity to present their respective
positions.
(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
97-1156, eff. 1-25-13.)
(105 ILCS 5/27A-7.10)
Sec. 27A-7.10. Authorizer powers and duties; immunity;
principles and standards.
(a) Authorizers are responsible for executing, in
accordance with this Article, all of the following powers and
duties:
(1) Soliciting and evaluating charter applications.
(2) Approving quality charter applications that meet
identified educational needs and promote a diversity of
educational choices.
(3) Declining to approve weak or inadequate charter
applications.
(4) Negotiating and executing sound charter contracts
with each approved charter school.
(5) Monitoring, in accordance with charter contract
terms, the performance and legal compliance of charter
schools.
(6) Determining whether each charter contract merits
renewal, nonrenewal, or revocation.
(b) An authorizing entity may delegate its duties to
officers, employees, and contractors.
(c) Regulation by authorizers is limited to the powers and
duties set forth in subsection (a) of this Section and must be
consistent with the spirit and intent of this Article.
(d) An authorizing entity, members of the local school
board, or the State Board, and the Commission, in their
official capacity, and employees of an authorizer are immune
from civil and criminal liability with respect to all
activities related to a charter school that they authorize,
except for willful or wanton misconduct.
(e) The State Board, the Commission, and all local school
boards that have a charter school operating are required to
develop and maintain chartering policies and practices
consistent with recognized principles and standards for
quality charter authorizing in all major areas of authorizing
responsibility, including all of the following:
(1) Organizational capacity and infrastructure.
(2) Soliciting and evaluating charter applications if
applicable.
(3) Performance contracting.
(4) Ongoing charter school oversight and evaluation.
(5) Charter renewal decision-making.
Authorizers shall carry out all their duties under this
Article in a manner consistent with nationally recognized
principles and standards and with the spirit and intent of this
Article.
(Source: P.A. 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school
established by referendum under Section 27A-6.5. In evaluating
any charter school proposal submitted to it, the local school
board and the Commission shall give preference to proposals
that:
(1) demonstrate a high level of local pupil, parental,
community, business, and school personnel support;
(2) set rigorous levels of expected pupil achievement
and demonstrate feasible plans for attaining those levels
of achievement; and
(3) are designed to enroll and serve a substantial
proportion of at-risk children; provided that nothing in
the Charter Schools Law shall be construed as intended to
limit the establishment of charter schools to those that
serve a substantial portion of at-risk children or to in
any manner restrict, limit, or discourage the
establishment of charter schools that enroll and serve
other pupil populations under a nonexclusive,
nondiscriminatory admissions policy.
(b) In the case of a proposal to establish a charter school
by converting an existing public school or attendance center to
charter school status, evidence that the proposed formation of
the charter school has received majority support from certified
teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if
applicable, from a local school council, shall be demonstrated
by a petition in support of the charter school signed by
certified teachers and a petition in support of the charter
school signed by parents and guardians and, if applicable, by a
vote of the local school council held at a public meeting. In
the case of all other proposals to establish a charter school,
evidence of sufficient support to fill the number of pupil
seats set forth in the proposal may be demonstrated by a
petition in support of the charter school signed by parents and
guardians of students eligible to attend the charter school. In
all cases, the individuals, organizations, or entities who
initiate the proposal to establish a charter school may elect,
in lieu of including any petition referred to in this
subsection as a part of the proposal submitted to the local
school board, to demonstrate that the charter school has
received the support referred to in this subsection by other
evidence and information presented at the public meeting that
the local school board is required to convene under this
Section.
(c) Within 45 days of receipt of a charter school proposal,
the local school board shall convene a public meeting to obtain
information to assist the board in its decision to grant or
deny the charter school proposal. A local school board may
develop its own process for receiving charter school proposals
on an annual basis that follows the same timeframes as set
forth in this Article. Final decisions of a local school board
are subject to judicial review under the Administrative Review
Law. Only after the local school board process is followed may
a charter school applicant appeal to the Commission.
(d) Notice of the public meeting required by this Section
shall be published in a community newspaper published in the
school district in which the proposed charter is located and,
if there is no such newspaper, then in a newspaper published in
the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than
5 days before the meeting and shall state that information
regarding a charter school proposal will be heard at the
meeting. Copies of the notice shall also be posted at
appropriate locations in the school or attendance center
proposed to be established as a charter school, the public
schools in the school district, and the local school board
office. If 45 days pass without the local school board holding
a public meeting, then the charter applicant may submit the
proposal to the Commission, where it must be addressed in
accordance with the provisions set forth in subsection (g) of
this Section.
(e) Within 30 days of the public meeting, the local school
board shall vote, in a public meeting, to either grant or deny
the charter school proposal. If the local school board has not
voted in a public meeting within 30 days after the public
meeting, then the charter applicant may submit the proposal to
the Commission, where it must be addressed in accordance with
the provisions set forth in subsection (g) of this Section.
(f) Within 7 days of the public meeting required under
subsection (e) of this Section, the local school board shall
file a report with the State Board granting or denying the
proposal. If the local school board has approved the proposal,
within 30 days of receipt of the local school board's report,
the State Board shall determine whether the approved charter
proposal is consistent with the provisions of this Article and,
if the approved proposal complies, certify the proposal
pursuant to Section 27A-6.
(g) (Blank). If the local school board votes to deny the
proposal, then the charter school applicant has 30 days from
the date of that vote to submit an appeal to the Commission. In
such instances or in those instances referenced in subsections
(d) and (e) of this Section, the Commission shall follow the
same process and be subject to the same timelines for review as
the local school board.
(h) (Blank). The Commission may reverse a local school
board's decision to deny a charter school proposal if the
Commission finds that the proposal (i) is in compliance with
this Article and (ii) is in the best interests of the students
the charter school is designed to serve. Final decisions of the
Commission are subject to judicial review under the
Administrative Review Law.
(i) (Blank). In the case of a charter school proposed to be
jointly authorized by 2 or more school districts, the local
school boards may unanimously deny the charter school proposal
with a statement that the local school boards are not opposed
to the charter school, but that they yield to the Commission in
light of the complexities of joint administration.
(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) For charters granted before January 1, 2017 (the
effective date of Public Act 99-840), a charter may be granted
for a period not less than 5 and not more than 10 school years.
For charters granted on or after January 1, 2017 (the effective
date of Public Act 99-840), a charter shall be granted for a
period of 5 school years. For charters renewed before January
1, 2017 (the effective date of Public Act 99-840), a charter
may be renewed in incremental periods not to exceed 5 school
years. For charters renewed on or after January 1, 2017 (the
effective date of Public Act 99-840), a charter may be renewed
in incremental periods not to exceed 10 school years; however,
the State Board or Commission may renew a charter only in
incremental periods not to exceed 5 years. Authorizers shall
ensure that every charter granted on or after January 1, 2017
(the effective date of Public Act 99-840) includes standards
and goals for academic, organizational, and financial
performance. A charter must meet all standards and goals for
academic, organizational, and financial performance set forth
by the authorizer in order to be renewed for a term in excess
of 5 years but not more than 10 years. If an authorizer fails
to establish standards and goals, a charter shall not be
renewed for a term in excess of 5 years. Nothing contained in
this Section shall require an authorizer to grant a full
10-year renewal term to any particular charter school, but an
authorizer may award a full 10-year renewal term to charter
schools that have a demonstrated track record of improving
student performance.
(b) A charter school renewal proposal submitted to the
local school board or the State Board or Commission, as the
chartering entity, shall contain:
(1) A report on the progress of the charter school in
achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) A financial statement that discloses the costs of
administration, instruction, and other spending categories
for the charter school that is understandable to the
general public and that will allow comparison of those
costs to other schools or other comparable organizations,
in a format required by the State Board.
(c) A charter may be revoked or not renewed if the local
school board or the State Board or Commission, as the
chartering entity, clearly demonstrates that the charter
school did any of the following, or otherwise failed to comply
with the requirements of this law:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the
charter.
(2) Failed to meet or make reasonable progress toward
achievement of the content standards or pupil performance
standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
In the case of revocation, the local school board or the
State Board or Commission, as the chartering entity, shall
notify the charter school in writing of the reason why the
charter is subject to revocation. The charter school shall
submit a written plan to the local school board, the State
Board, or the Commission, whichever is applicable, to rectify
the problem. The plan shall include a timeline for
implementation, which shall not exceed 2 years or the date of
the charter's expiration, whichever is earlier. If the local
school board or the State Board or Commission, as the
chartering entity, finds that the charter school has failed to
implement the plan of remediation and adhere to the timeline,
then the chartering entity shall revoke the charter. Except in
situations of an emergency where the health, safety, or
education of the charter school's students is at risk, the
revocation shall take place at the end of a school year.
Nothing in Public Act 96-105 shall be construed to prohibit an
implementation timetable that is less than 2 years in duration.
No local school board may arbitrarily or capriciously revoke or
not renew a charter. Except for extenuating circumstances
outlined in this Section, if a local school board revokes or
does not renew a charter, it must ensure that all students
currently enrolled in the charter school are placed in schools
that are higher performing than that charter school, as defined
in the State's federal Every Student Succeeds Act
accountability plan. In determining whether extenuating
circumstances exist, a local school board must detail, by clear
and convincing evidence, that factors unrelated to the charter
school's accountability designation outweigh the charter
school's academic performance.
(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke, or not renew a charter shall be provided to the
Commission and the State Board. Until July 1, 2020, the The
Commission may reverse a local board's decision to not renew a
charter if the Commission finds that the charter school or
charter school proposal (i) is in compliance with this Article,
and (ii) is in the best interests of the students it is
designed to serve. The Commission may condition the granting of
an appeal on the acceptance by the charter school of funding in
an amount less than that requested in the proposal submitted to
the local school board. Final decisions of the Commission shall
be subject to judicial review under the Administrative Review
Law.
The State Board may reverse a local board's decision to
revoke or, beginning on July 1, 2020, not renew a charter if
the State Board finds that the charter school or charter school
proposal (i) is in compliance with this Article and (ii) is in
the best interests of the students it is designed to serve. The
State Board may condition the granting of an appeal on the
acceptance by the charter school of funding in an amount less
than that requested in the proposal submitted to the local
school board. The State Board must appoint and utilize a
hearing officer for any appeals conducted under this
subsection. Final decisions of the State Board are subject to
judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if
the Commission on appeal reverses a local board's decision or
if a charter school is approved by referendum, the Commission
shall act as the authorized chartering entity for the charter
school. The Commission shall approve the charter and shall
perform all functions under this Article otherwise performed by
the local school board. The State Board shall determine whether
the charter proposal approved by the Commission is consistent
with the provisions of this Article and, if the approved
proposal complies, certify the proposal pursuant to this
Article. The State Board shall report the aggregate number of
charter school pupils resident in a school district to that
district and shall notify the district of the amount of funding
to be paid by the State Board to the charter school enrolling
such students. The Commission shall require the charter school
to maintain accurate records of daily attendance that shall be
deemed sufficient to file claims under Section 18-8.05 or
18-8.15 notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification. The
State Board shall withhold from funds otherwise due the
district the funds authorized by this Article to be paid to the
charter school and shall pay such amounts to the charter
school.
(g) For charter schools authorized by the Commission, the
Commission shall quarterly certify to the State Board the
student enrollment for each of its charter schools.
(h) For charter schools authorized by the Commission, the
State Board shall pay directly to a charter school any federal
or State aid attributable to a student with a disability
attending the school.
(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
100-465, eff. 8-31-17.)
(105 ILCS 5/27A-11.5)
Sec. 27A-11.5. State financing. The State Board of
Education shall make the following funds available to school
districts and charter schools:
(1) From a separate appropriation made to the State
Board for purposes of this subdivision (1), the State Board
shall make transition impact aid available to school
districts that approve a new charter school or that have
funds withheld by the State Board to fund a new charter
school that is chartered by the Commission. The amount of
the aid shall equal 90% of the per capita funding paid to
the charter school during the first year of its initial
charter term, 65% of the per capita funding paid to the
charter school during the second year of its initial term,
and 35% of the per capita funding paid to the charter
school during the third year of its initial term. This
transition impact aid shall be paid to the local school
board in equal quarterly installments, with the payment of
the installment for the first quarter being made by August
1st immediately preceding the first, second, and third
years of the initial term. The district shall file an
application for this aid with the State Board in a format
designated by the State Board. If the appropriation is
insufficient in any year to pay all approved claims, the
impact aid shall be prorated. However, for fiscal year
2004, the State Board of Education shall pay approved
claims only for charter schools with a valid charter
granted prior to June 1, 2003. If any funds remain after
these claims have been paid, then the State Board of
Education may pay all other approved claims on a pro rata
basis. Transition impact aid shall be paid beginning in the
1999-2000 school year for charter schools that are in the
first, second, or third year of their initial term.
Transition impact aid shall not be paid for any charter
school that is proposed and created by one or more boards
of education, as authorized under the provisions of Public
Act 91-405.
(2) From a separate appropriation made for the purpose
of this subdivision (2), the State Board shall make grants
to charter schools to pay their start-up costs of acquiring
educational materials and supplies, textbooks, electronic
textbooks and the technological equipment necessary to
gain access to and use electronic textbooks, furniture, and
other equipment or materials needed during their initial
term. The State Board shall annually establish the time and
manner of application for these grants, which shall not
exceed $250 per student enrolled in the charter school.
(3) The Charter Schools Revolving Loan Fund is created
as a special fund in the State treasury. Federal funds,
such other funds as may be made available for costs
associated with the establishment of charter schools in
Illinois, and amounts repaid by charter schools that have
received a loan from the Charter Schools Revolving Loan
Fund shall be deposited into the Charter Schools Revolving
Loan Fund, and the moneys in the Charter Schools Revolving
Loan Fund shall be appropriated to the State Board and used
to provide interest-free loans to charter schools. These
funds shall be used to pay start-up costs of acquiring
educational materials and supplies, textbooks, electronic
textbooks and the technological equipment necessary to
gain access to and use electronic textbooks, furniture, and
other equipment or materials needed in the initial term of
the charter school and for acquiring and remodeling a
suitable physical plant, within the initial term of the
charter school. Loans shall be limited to one loan per
charter school and shall not exceed $750 per student
enrolled in the charter school. A loan shall be repaid by
the end of the initial term of the charter school. The
State Board may deduct amounts necessary to repay the loan
from funds due to the charter school or may require that
the local school board that authorized the charter school
deduct such amounts from funds due the charter school and
remit these amounts to the State Board, provided that the
local school board shall not be responsible for repayment
of the loan. The State Board may use up to 3% of the
appropriation to contract with a non-profit entity to
administer the loan program.
(4) A charter school may apply for and receive, subject
to the same restrictions applicable to school districts,
any grant administered by the State Board that is available
for school districts.
If a charter school fails to make payments toward
administrative costs, the State Board may withhold State funds
from that school until it has made all payments for those
costs.
(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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