Bill Text: IL HB2100 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Removes a provision requiring a charter school whose authorization has been transferred to the State Board of Education to, as soon as practicable after July 1, 2020, seek transfer of authorization to a local school board or boards for the remainder of the charter school's current term. Provides that at the end of its charter term, a charter school may (rather than must) reapply to the board or boards for authorization. Removes provisions allowing a charter applicant to submit a charter school proposal to the State Board if a local school board fails to hold a public meeting to obtain information or vote on the proposal, fails to grant or deny the proposal, or votes to deny the proposal (including because of the complexities of joint administration with another school district). Provides that no local school board may arbitrarily or capriciously revoke or not renew a charter. Provides that, except for extenuating circumstances, 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. Provides that 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2019-04-12 - Referred to Assignments [HB2100 Detail]

Download: Illinois-2019-HB2100-Engrossed.html

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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Section is repealed on July 31, 2020.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-3, 27A-5, 27A-6.5, 27A-7.5, 27A-7.10, 27A-8, 27A-9,
27A-10.10, 27A-11, 27A-11.5, and 27A-12 as follows:
(105 ILCS 5/27A-3)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely
to succeed in a conventional educational environment.
"Authorizer" means an entity authorized under this Article
to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants,
oversee charter schools, and decide whether to renew, not

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renew, or revoke a charter.
"Commission" means the State Charter School Commission
established under Section 27A-7.5 of this Code.
"Local school board" means the duly elected or appointed
school board or board of education of a public school district,
including special charter districts and school districts
located in cities having a population of more than 500,000,
organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 97-152, eff. 7-20-11.)
(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

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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

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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)

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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

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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;

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(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)

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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
Commission, then the State Board 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.

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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)".

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(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

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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 abolished;
transfer to State Board.
(a) On July 1, 2020, the A 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.

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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. 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

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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

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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.
(b) The State Charter School Commission Fund is created as
a special fund in the State treasury. 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. On July
1, 2020, 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.
(b-5) Beginning on July 1, 2020, the State Board of
Education may charge a charter school that it authorizes a fee

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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.
(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

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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) 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) 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.
(c) 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,

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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.
(d) 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

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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

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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, and or the State Board 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 Commission and all local school boards

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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.
(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

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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

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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

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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

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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.

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(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 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

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student performance.
(b) A charter school renewal proposal submitted to the
local school board or the State Board 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 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

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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 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 State Board
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 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 revoke
or not renew a charter unless it determines that doing so is in
the best interests of the students currently enrolled in the
charter school. 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

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enrolled in the charter school are offered placement in schools
that are higher performing than that charter school, as defined
in the State's federal Every Student Succeeds Act
accountability plan, and that they have reasonable options for
transportation to those schools. 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. The State Board Commission may
reverse a local board's decision to not renew a charter if the
State Board 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 State Board 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 State Board
Commission shall be subject to judicial review under the
Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if
the State Board Commission on appeal reverses a local board's
decision to not renew a charter or if a charter school is

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approved by referendum, the State Board Commission shall act as
the authorized chartering entity for the charter school. The
State Board 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 State Board 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) (Blank). 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 State Board
Commission, the State Board shall pay directly to a charter

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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-10.10)
Sec. 27A-10.10. Closure of charter school; unspent public
funds; procedures for the disposition of property and assets.
(a) Upon the closing of a charter school authorized by one
or more local school boards, the governing body of the charter
school or its designee shall refund to the chartering entity or
entities all unspent public funds. The charter school's other
property and assets shall be disposed of under the provisions
of the charter application and contract. If the application and
contract are silent or ambiguous as to the disposition of any
of the school's property or assets, any property or assets of
the charter school purchased with public funds shall be
returned to the school district or districts from which the
charter school draws enrollment, at no cost to the receiving
district or districts, subject to each district's acceptance of
the property or asset. Any unspent public funds or other
property or assets received by the charter school directly from
any State or federal agency shall be refunded to or revert back
to that State or federal agency, respectively.
(b) Upon the closing of a charter school authorized by the
State Board Commission, the governing body of the charter

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school or its designee shall refund all unspent public funds to
the State Board of Education. The charter school's other
property and assets shall be disposed of under the provisions
of the charter application and contract. If the application and
contract are silent or ambiguous as to the disposition of any
of the school's property or assets, any property or assets of
the charter school purchased with public funds shall be
returned to the school district or districts from which the
charter school draws its enrollment, at no cost to the
receiving district or districts, subject to each district's
acceptance of the property or asset. Any unspent public funds
or other property or assets provided by a State agency other
than the State Board of Education or by a federal agency shall
be refunded to or revert back to that State or federal agency,
respectively.
(c) If a determination is made to close a charter school
located within the boundaries of a school district organized
under Article 34 of this Code for at least one school year, the
charter school shall give at least 60 days' notice of the
closure to all affected students and parents or legal
guardians.
(Source: P.A. 100-179, eff. 8-18-17.)
(105 ILCS 5/27A-11)
Sec. 27A-11. Local financing.
(a) For purposes of this the School Code, pupils enrolled

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in a charter school shall be included in the pupil enrollment
of the school district within which the pupil resides. Each
charter school (i) shall determine the school district in which
each pupil who is enrolled in the charter school resides, (ii)
shall report the aggregate number of pupils resident of a
school district who are enrolled in the charter school to the
school district in which those pupils reside, and (iii) shall
maintain accurate records of daily attendance that shall be
deemed sufficient to file claims under Section 18-8 or 18-8.15
notwithstanding any other requirements of that Section
regarding hours of instruction and teacher certification.
(b) Except for a charter school established by referendum
under Section 27A-6.5, as part of a charter school contract,
the charter school and the local school board shall agree on
funding and any services to be provided by the school district
to the charter school. Agreed funding that a charter school is
to receive from the local school board for a school year shall
be paid in equal quarterly installments with the payment of the
installment for the first quarter being made not later than
July 1, unless the charter establishes a different payment
schedule. However, if a charter school dismisses a pupil from
the charter school after receiving a quarterly payment, the
charter school shall return to the school district, on a
quarterly basis, the prorated portion of public funding
provided for the education of that pupil for the time the
student is not enrolled at the charter school. Likewise, if a

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pupil transfers to a charter school between quarterly payments,
the school district shall provide, on a quarterly basis, a
prorated portion of the public funding to the charter school to
provide for the education of that pupil.
All services centrally or otherwise provided by the school
district including, but not limited to, rent, food services,
custodial services, maintenance, curriculum, media services,
libraries, transportation, and warehousing shall be subject to
negotiation between a charter school and the local school board
and paid for out of the revenues negotiated pursuant to this
subsection (b); provided that the local school board shall not
attempt, by negotiation or otherwise, to obligate a charter
school to provide pupil transportation for pupils for whom a
district is not required to provide transportation under the
criteria set forth in subsection (a)(13) of Section 27A-7.
In no event shall the funding be less than 97% or more than
103% of the school district's per capita student tuition
multiplied by the number of students residing in the district
who are enrolled in the charter school.
It is the intent of the General Assembly that funding and
service agreements under this subsection (b) shall be neither a
financial incentive nor a financial disincentive to the
establishment of a charter school.
The charter school may set and collect reasonable fees.
Fees collected from students enrolled at a charter school shall
be retained by the charter school.

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(c) Notwithstanding subsection (b) of this Section, the
proportionate share of State and federal resources generated by
students with disabilities or staff serving them shall be
directed to charter schools enrolling those students by their
school districts or administrative units. The proportionate
share of moneys generated under other federal or State
categorical aid programs shall be directed to charter schools
serving students eligible for that aid.
(d) The governing body of a charter school is authorized to
accept gifts, donations, or grants of any kind made to the
charter school and to expend or use gifts, donations, or grants
in accordance with the conditions prescribed by the donor;
however, a gift, donation, or grant may not be accepted by the
governing body if it is subject to any condition contrary to
applicable law or contrary to the terms of the contract between
the charter school and the local school board. Charter schools
shall be encouraged to solicit and utilize community volunteer
speakers and other instructional resources when providing
instruction on the Holocaust and other historical events.
(e) (Blank).
(f) The State Board Commission shall provide technical
assistance to persons and groups preparing or revising charter
applications.
(g) At the non-renewal or revocation of its charter, each
charter school shall refund to the local board of education all
unspent funds.

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(h) A charter school is authorized to incur temporary,
short term debt to pay operating expenses in anticipation of
receipt of funds from the local school board.
(Source: P.A. 99-78, eff. 7-20-15; 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 State Board 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

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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.

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(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

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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.
(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17.)
(105 ILCS 5/27A-12)
Sec. 27A-12. Evaluation; report. On or before September 30
of every odd-numbered year, all local school boards with at
least one charter school, as well as the Commission, shall
submit to the State Board any information required by the State
Board pursuant to applicable rule. On or before the second
Wednesday in January of every even-numbered year, the State
Board shall issue a report to the General Assembly and the
Governor on its findings for the previous 2 school years. The
State Board's report shall summarize all of the following:
(1) The authorizer's strategic vision for chartering
and progress toward achieving that vision.
(2) The academic and financial performance of all
operating charter schools overseen by the authorizer,
according to the performance expectations for charter
schools set forth in this Article.

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(3) The status of the authorizer's charter school
portfolio, identifying all charter schools in each of the
following categories: approved (but not yet open),
operating, renewed, transferred, revoked, not renewed,
voluntarily closed, or never opened.
(4) The authorizing functions provided by the
authorizer to the charter schools under its purview,
including the authorizer's operating costs and expenses
detailed in annual audited financial statements, which
must conform with generally accepted accounting
principles.
Further, in the report required by this Section, the State
Board (i) shall compare the performance of charter school
pupils with the performance of ethnically and economically
comparable groups of pupils in other public schools who are
enrolled in academically comparable courses, (ii) shall review
information regarding the regulations and policies from which
charter schools were released to determine if the exemptions
assisted or impeded the charter schools in meeting their stated
goals and objectives, and (iii) shall include suggested changes
in State law necessary to strengthen charter schools.
In addition, the State Board shall undertake and report on
periodic evaluations of charter schools that include
evaluations of student academic achievement, the extent to
which charter schools are accomplishing their missions and
goals, the sufficiency of funding for charter schools, and the

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need for changes in the approval process for charter schools.
Based on the information that the State Board receives from
authorizers and the State Board's ongoing monitoring of both
charter schools and authorizers, the State Board has the power
to remove the power to authorize from any authorizer in this
State if the authorizer does not demonstrate a commitment to
high-quality authorization practices and, if necessary, revoke
the chronically low-performing charters authorized by the
authorizer at the time of the removal. The State Board shall
adopt rules as needed to carry out this power, including
provisions to determine the status of schools authorized by an
authorizer whose authorizing power is revoked.
(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)