Bill Amendment: IL HB5918 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-CHARTER SCH-RENEW-FIN

Status: 2016-08-19 - Public Act . . . . . . . . . 99-0840 [HB5918 Detail]

Download: Illinois-2015-HB5918-House_Amendment_004.html

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Rep. Jack D. Franks

Filed: 4/19/2016

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AMENDMENT TO HOUSE BILL 5918
AMENDMENT NO. ______. Amend House Bill 5918 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
27A-6 and 27A-9 as follows:
(105 ILCS 5/27A-6)
Sec. 27A-6. Contract contents; applicability of laws and
regulations.
(a) A certified charter shall constitute a binding contract
and agreement between the charter school and a local school
board under the terms of which the local school board
authorizes the governing body of the charter school to operate
the charter school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article,
the certified charter may not waive or release the charter
school from the State goals, standards, and assessments

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established pursuant to Section 2-3.64a-5 of this Code.
Beginning with the 2003-2004 school year, the certified charter
for a charter school operating in a city having a population
exceeding 500,000 shall require the charter school to
administer any other nationally recognized standardized tests
to its students that the chartering entity administers to other
students, and the results on such tests shall be included in
the chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material
revision to a previously certified contract or a renewal shall
be made with the approval of both the local school board and
the governing body of the charter school.
(c-5) The proposed contract shall include a provision on
how both parties will address minor violations of the contract.
(d) The proposed contract between the governing body of a
proposed charter school and the local school board as described
in Section 27A-7 must be submitted to and certified by the
State Board before it can take effect. The State Board's review
of the proposed contract shall include a review of incorporated
performance frameworks. If the State Board determines that the
performance frameworks are not sufficiently rigorous or that
they establish unreasonable expectations for the charter
school, then the State Board must send the proposed contract
back to the governing body and local school board. The
governing body and local school board must resubmit appropriate
performance frameworks before the contract may be certified. If

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the State Board recommends that the proposed contract be
modified for consistency with this Article before it can be
certified, the modifications must be consented to by both the
governing body of the charter school and the local school
board, and resubmitted to the State Board for its
certification. If the proposed contract is resubmitted in a
form that is not consistent with this Article, the State Board
may refuse to certify the charter.
The State Board shall assign a number to each submission or
resubmission in chronological order of receipt, and shall
determine whether the proposed contract is consistent with the
provisions of this Article. If the proposed contract complies,
the State Board shall so certify.
(e) No renewal of a previously certified contract is
effective unless and until the State Board certifies that the
renewal is consistent with the provisions of this Article. A
material revision to a previously certified contract may go
into effect immediately upon approval of both the local school
board and the governing body of the charter school, unless
either party requests in writing that the State Board certify
that the material revision is consistent with the provisions of
this Article. If such a request is made, the proposed material
revision is not effective unless and until the State Board so
certifies.
(Source: P.A. 98-972, eff. 8-15-14; 98-1048, eff. 8-25-14;
99-78, eff. 7-20-15.)

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(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) For charters granted before the effective date of this
amendatory Act of the 99th General Assembly, a 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 the effective
date of this amendatory Act of the 99th General Assembly, a
charter may be granted for a period of 5 school years. A
charter may be renewed in incremental periods not to exceed 5
school years, except that the charters of charter schools
deemed high-quality must be renewed for a period of not less
than 5 and not more than 10 school years. Each authorizer shall
create criteria for determining which charter schools meet the
high-quality definition. In the absence of such criteria, a
high-quality charter school means a charter school that, in the
last available ranking, either (i) has been recognized by the
State Board as a reward school, as defined in this State's
approved waiver of the federal Elementary and Secondary
Education Act of 1965, has received the State Board's honor
roll designation as a spotlight school, or is an academic
excellence award recipient or academic improvement recipient
or (ii) has received a rating in the top 40% of schools in a
school district under a rating system developed by the charter
school's district that is based on multiple indicators of
success and used by that district to rate schools in the

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district.
(a-5) Before January 1, 2017, authorizers shall develop
performance frameworks that allow authorizers to measure the
performance of the charter school they authorize and that allow
authorizers of multiple charter schools to compare performance
across similarly situated schools using common measures. These
performance frameworks shall use comprehensive academic,
financial, and operational performance data to make
merit-based renewal decisions. The performance frameworks may
vary depending on the type of charter school authorized and the
mission of the charter school. To guide authorizers in ensuring
their performance frameworks are designed to measure charter
school quality across similarly situated schools using common
measures, on or before June 30, 2017, the State Board shall
develop model performance frameworks that authorizers may
elect to use instead of developing their own performance
frameworks.
Authorizers shall incorporate into charter contracts
entered into on or after January 1, 2018 either the applicable
performance frameworks developed by the State Board or those
they have developed. Authorizers may work with charter schools
to incorporate the performance frameworks into contracts
entered into before January 1, 2018, provided that the
authorizer and charter school mutually agree to the contract
amendment. All renewal decisions after September 1, 2018 must
be based on the charter contract and, to the extent applicable,

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the performance frameworks. The performance frameworks must be
made available for public viewing on the authorizer's Internet
website. Using the renewal criteria set forth in the
performance frameworks, the authorizer shall report annually
to the charter school on the progress and performance of that
charter school.
(b) A charter school renewal proposal submitted to the
local school board or the 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 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

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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
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 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 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 this amendatory Act of the 96th General Assembly
shall be construed to prohibit an implementation timetable that
is less than 2 years in duration.

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(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke or not to renew a charter shall be provided to the
Commission and the State Board. The Commission may reverse a
local board's decision 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.
(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

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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
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. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.".