Illinois-2019-SB0106-Introduced

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB0106

Introduced 1/23/2019, by Sen. Linda Holmes

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/27A-3`
`105 ILCS 5/27A-7.5`
`105 ILCS 5/27A-7.10`
`105 ILCS 5/27A-8`
`105 ILCS 5/27A-9`

Amends the Charter Schools Law of the School Code. Provides that the State Charter School Commission has no authority to renew a charter, and removes provisions allowing the Commission to reverse a school board's decision to deny, revoke, or not renew a charter; makes related changes. Provides that if a charter school applicant submits a proposal to a school board outside of the process adopted by that school board for receiving charter school proposals on an annual basis, the applicant shall not have any right to submit its proposal to the Commission as otherwise authorized. Allows the Commission to approve an application for a charter if certain conditions are met. Provides that the Commission may condition approval of an application on the acceptance of funding in an amount less than requested. Provides that final decisions of the Commission are subject to judicial review under the Administrative Review Law. Provides that if the Commission approves an application for a charter school, then the Commission shall act as the authorized chartering entity. Provides that if the Commission is the authorized chartering entity, then the Commission shall execute a charter agreement (instead of approve the charter agreement). Provides that the Commission has no authority to approve a charter school proposal that has been denied by a school board. Makes other changes. Effective immediately.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections

5 27A-3, 27A-7.5, 27A-7.10, 27A-8, and 27A-9 as follows:

6 (105 ILCS 5/27A-3)

7 Sec. 27A-3. Definitions. For purposes of this Article:

8 "At-risk pupil" means a pupil who, because of physical,

9 emotional, socioeconomic, or cultural factors, is less likely

10 to succeed in a conventional educational environment.

11 "Authorizer" means an entity authorized under this Article

12 to review applications, decide whether to approve or reject

13 applications, enter into charter contracts with applicants,

14 oversee charter schools, ~~and~~ decide whether to renew or ~~,~~ not

15 renew a charter unless otherwise prohibited under this Article,

16 and decide whether to ~~, or~~ revoke a charter.

17 "Commission" means the State Charter School Commission

18 established under Section 27A-7.5 of this Code.

19 "Local school board" means the duly elected or appointed

20 school board or board of education of a public school district,

21 including special charter districts and school districts

22 located in cities having a population of more than 500,000,

23 organized under the laws of this State.

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1 "State Board" means the State Board of Education.

2 (Source: P.A. 97-152, eff. 7-20-11.)

3 (105 ILCS 5/27A-7.5)

4 Sec. 27A-7.5. State Charter School Commission.

5 (a) A State Charter School Commission is established as an

6 independent commission with statewide chartering jurisdiction

7 and authority. The Commission shall be under the State Board

8 for administrative purposes only.

9 (a-5) The State Board shall provide administrative support

10 to the Commission as needed.

11 (b) The Commission is responsible for authorizing

12 high-quality charter schools throughout this State,

13 particularly schools designed to expand opportunities for

14 at-risk students, consistent with the purposes of this Article.

15 (c) The Commission shall consist of 9 members, appointed by

16 the State Board. The State Board shall make these appointments

17 from a slate of candidates proposed by the Governor, within 60

18 days after the effective date of this amendatory Act of the

19 97th General Assembly with respect to the initial Commission

20 members. In making the appointments, the State Board shall

21 ensure statewide geographic diversity among Commission

22 members. The Governor shall propose a slate of candidates to

23 the State Board within 60 days after the effective date of this

24 amendatory Act of the 97th General Assembly and 60 days prior

25 to the expiration of the term of a member thereafter. If the

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1 Governor fails to timely propose a slate of candidates

2 according to the provisions of this subsection (c), then the

3 State Board may appoint the member or members of the

4 Commission.

5 (d) Members appointed to the Commission shall collectively

6 possess strong experience and expertise in public and nonprofit

7 governance, management and finance, public school leadership,

8 higher education, assessments, curriculum and instruction, and

9 public education law. All members of the Commission shall have

10 demonstrated understanding of and a commitment to public

11 education, including without limitation charter schooling. At

12 least 3 members must have past experience with urban charter

13 schools.

14 (e) To establish staggered terms of office, the initial

15 term of office for 3 Commission members shall be 4 years and

16 thereafter shall be 4 years; the initial term of office for

17 another 3 members shall be 3 years and thereafter shall be 4

18 years; and the initial term of office for the remaining 3

19 members shall be 2 years and thereafter shall be 4 years. The

20 initial appointments must be made no later than October 1,

21 2011.

22 (f) Whenever a vacancy on the Commission exists, the State

23 Board shall appoint a member for the remaining portion of the

24 term.

25 (g) Subject to the State Officials and Employees Ethics

26 Act, the Commission is authorized to receive and expend gifts,

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1 grants, and donations of any kind from any public or private

2 entity to carry out the purposes of this Article, subject to

3 the terms and conditions under which they are given, provided

4 that all such terms and conditions are permissible under law.

5 Funds received under this subsection (g) must be deposited into

6 the State Charter School Commission Fund.

7 The State Charter School Commission Fund is created as a

8 special fund in the State treasury. All money in the Fund shall

9 be used, subject to appropriation, by the State Board, acting

10 on behalf and with the consent of the Commission, for

11 operational and administrative costs of the Commission.

12 Subject to appropriation, any funds appropriated for use by

13 the State Board, acting on behalf and with the consent of the

14 Commission, may be used for the following purposes, without

15 limitation: personal services, contractual services, and other

16 operational and administrative costs. The State Board is

17 further authorized to make expenditures with respect to any

18 other amounts deposited in accordance with law into the State

19 Charter School Commission Fund.

20 (g-5) Funds or spending authority for the operation and

21 administrative costs of the Commission shall be appropriated to

22 the State Board in a separate line item. The State

23 Superintendent of Education may not reduce or modify the budget

24 of the Commission or use funds appropriated to the Commission

25 without the approval of the Commission.

26 (h) The Commission shall operate with dedicated resources

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1 and staff qualified to execute the day-to-day responsibilities

2 of charter school authorizing in accordance with this Article.

3 The Commission may employ and fix the compensation of such

4 employees and technical assistants as it deems necessary to

5 carry out its powers and duties under this Article, without

6 regard to the requirements of any civil service or personnel

7 statute; and may establish and administer standards of

8 classification of all such persons with respect to their

9 compensation, duties, performance, and tenure and enter into

10 contracts of employment with such persons for such periods and

11 on such terms as the Commission deems desirable.

12 (i) Every 2 years, the Commission shall provide to the

13 State Board and local school boards a report on best practices

14 in charter school authorizing, including without limitation

15 evaluating applications, oversight of charters, and renewal of

16 charter schools.

17 (j) The Commission may charge a charter school that it

18 authorizes a fee, not to exceed 3% of the revenue provided to

19 the school, to cover the cost of undertaking the ongoing

20 administrative responsibilities of the eligible chartering

21 authority with respect to the school. This fee must be

22 deposited into the State Charter School Commission Fund.

23 (k) Any charter school authorized by the State Board prior

24 to this amendatory Act of the 97th General Assembly shall have

25 its authorization transferred to the Commission upon a vote of

26 the State Board, which shall then become the school's

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1 authorizer for all purposes under this Article. However, in no

2 case shall such transfer take place later than July 1, 2012. At

3 this time, all of the powers, duties, assets, liabilities,

4 contracts, property, records, and pending business of the State

5 Board as the school's authorizer must be transferred to the

6 Commission. Any charter school authorized by a local school

7 board or boards may seek transfer of authorization to the

8 Commission during its current term only with the approval of

9 the local school board or boards. At the end of its charter

10 term, a charter school authorized by a local school board or

11 boards must reapply to the board or boards before it may apply

12 for authorization to the Commission under the terms of this

13 amendatory Act of the 97th General Assembly.

14 On the effective date of this amendatory Act of the 97th

15 General Assembly, all rules of the State Board applicable to

16 matters falling within the responsibility of the Commission

17 shall be applicable to the actions of the Commission. The

18 Commission shall thereafter have the authority to propose to

19 the State Board modifications to all rules applicable to

20 matters falling within the responsibility of the Commission.

21 The State Board shall retain rulemaking authority for the

22 Commission, but shall work jointly with the Commission on any

23 proposed modifications. Upon recommendation of proposed rule

24 modifications by the Commission and pursuant to the Illinois

25 Administrative Procedure Act, the State Board shall consider

26 such changes within the intent of this amendatory Act of the

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1 97th General Assembly and grant any and all changes consistent

2 with that intent.

3 (l) (Blank). ~~The Commission shall have the responsibility~~

4 ~~to consider appeals under this Article immediately upon~~

5 ~~appointment of the initial members of the Commission under~~

6 ~~subsection (c) of this Section. Appeals pending at the time of~~

7 ~~initial appointment shall be determined by the Commission; the~~

8 ~~Commission may extend the time for review as necessary for~~

9 ~~thorough review, but in no case shall the extension exceed the~~

10 ~~time that would have been available had the appeal been~~

11 ~~submitted to the Commission on the date of appointment of its~~

12 ~~initial members. In any appeal filed with the Commission under~~

13 ~~this Article, both the applicant and the school district in~~

14 ~~which the charter school plans to locate shall have the right~~

15 ~~to request a hearing before the Commission. If more than one~~

16 ~~entity requests a hearing, then the Commission may hold only~~

17 ~~one hearing, wherein the applicant and the school district~~

18 ~~shall have an equal opportunity to present their respective~~

19 ~~positions.~~

20 (Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;

21 97-1156, eff. 1-25-13.)

22 (105 ILCS 5/27A-7.10)

23 Sec. 27A-7.10. Authorizer powers and duties; immunity;

24 principles and standards.

25 (a) Authorizers are responsible for executing, in

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1 accordance with this Article, all of the following powers and

2 duties:

3 (1) Soliciting and evaluating charter applications.

4 (2) Approving quality charter applications that meet

5 identified educational needs and promote a diversity of

6 educational choices.

7 (3) Declining to approve weak or inadequate charter

8 applications.

9 (4) Negotiating and executing sound charter contracts

10 with each approved charter school.

11 (5) Monitoring, in accordance with charter contract

12 terms, the performance and legal compliance of charter

13 schools.

14 (6) Determining whether each charter contract merits

15 renewal or ~~,~~ nonrenewal, unless the authorizer is the

16 Commission, or merits revocation. The Commission has no

17 authority to renew a charter.

18 (b) An authorizing entity may delegate its duties to

19 officers, employees, and contractors.

20 (c) Regulation by authorizers is limited to the powers and

21 duties set forth in subsection (a) of this Section and must be

22 consistent with the spirit and intent of this Article.

23 (d) An authorizing entity, members of the local school

24 board, or the Commission, in their official capacity, and

25 employees of an authorizer are immune from civil and criminal

26 liability with respect to all activities related to a charter

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1 school that they authorize, except for willful or wanton

2 misconduct.

3 (e) The Commission and all local school boards that have a

4 charter school operating are required to develop and maintain

5 chartering policies and practices consistent with recognized

6 principles and standards for quality charter authorizing in all

7 major areas of authorizing responsibility, including all of the

8 following:

9 (1) Organizational capacity and infrastructure.

10 (2) Soliciting and evaluating charter applications.

11 (3) Performance contracting.

12 (4) Ongoing charter school oversight and evaluation.

13 (5) Charter renewal decision-making.

14 Authorizers shall carry out all their duties under this

15 Article in a manner consistent with nationally recognized

16 principles and standards and with the spirit and intent of this

17 Article.

18 (Source: P.A. 97-152, eff. 7-20-11.)

19 (105 ILCS 5/27A-8)

20 Sec. 27A-8. Evaluation of charter proposals.

21 (a) This Section does not apply to a charter school

22 established by referendum under Section 27A-6.5. In evaluating

23 any charter school proposal submitted to it, the local school

24 board and the Commission shall give preference to proposals

25 that:

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1 (1) demonstrate a high level of local pupil, parental,

2 community, business, and school personnel support;

3 (2) set rigorous levels of expected pupil achievement

4 and demonstrate feasible plans for attaining those levels

5 of achievement; and

6 (3) are designed to enroll and serve a substantial

7 proportion of at-risk children; provided that nothing in

8 the Charter Schools Law shall be construed as intended to

9 limit the establishment of charter schools to those that

10 serve a substantial portion of at-risk children or to in

11 any manner restrict, limit, or discourage the

12 establishment of charter schools that enroll and serve

13 other pupil populations under a nonexclusive,

14 nondiscriminatory admissions policy.

15 (b) In the case of a proposal to establish a charter school

16 by converting an existing public school or attendance center to

17 charter school status, evidence that the proposed formation of

18 the charter school has received majority support from certified

19 teachers and from parents and guardians in the school or

20 attendance center affected by the proposed charter, and, if

21 applicable, from a local school council, shall be demonstrated

22 by a petition in support of the charter school signed by

23 certified teachers and a petition in support of the charter

24 school signed by parents and guardians and, if applicable, by a

25 vote of the local school council held at a public meeting. In

26 the case of all other proposals to establish a charter school,

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1 evidence of sufficient support to fill the number of pupil

2 seats set forth in the proposal may be demonstrated by a

3 petition in support of the charter school signed by parents and

4 guardians of students eligible to attend the charter school. In

5 all cases, the individuals, organizations, or entities who

6 initiate the proposal to establish a charter school may elect,

7 in lieu of including any petition referred to in this

8 subsection as a part of the proposal submitted to the local

9 school board, to demonstrate that the charter school has

10 received the support referred to in this subsection by other

11 evidence and information presented at the public meeting that

12 the local school board is required to convene under this

13 Section.

14 (c) Within 45 days of receipt of a charter school proposal,

15 the local school board shall convene a public meeting to obtain

16 information to assist the board in its decision to grant or

17 deny the charter school proposal. A local school board may

18 develop its own process for receiving charter school proposals

19 on an annual basis that follows the same timeframes as set

20 forth in this Article. Final decisions of a local school board

21 are subject to judicial review under the Administrative Review

22 Law. If a charter school applicant submits a proposal to a

23 local school board outside of the process adopted by that local

24 school board for receiving charter school proposals on an

25 annual basis, the applicant shall not have any right to submit

26 its proposal to the Commission as otherwise authorized in

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1 subsections (d) and (e) of this Section. ~~Only after the local~~

2 ~~school board process is followed may a charter school applicant~~

3 ~~appeal to the Commission.~~

4 (d) Notice of the public meeting required by this Section

5 shall be published in a community newspaper published in the

6 school district in which the proposed charter is located and,

7 if there is no such newspaper, then in a newspaper published in

8 the county and having circulation in the school district. The

9 notices shall be published not more than 10 days nor less than

10 5 days before the meeting and shall state that information

11 regarding a charter school proposal will be heard at the

12 meeting. Copies of the notice shall also be posted at

13 appropriate locations in the school or attendance center

14 proposed to be established as a charter school, the public

15 schools in the school district, and the local school board

16 office. If 45 days pass without the local school board holding

17 a public meeting, then the charter applicant may submit the

18 proposal to the Commission, where it must be addressed in

19 accordance with the provisions set forth in subsection (g) of

20 this Section.

21 (e) Within 30 days of the public meeting, the local school

22 board shall vote, in a public meeting, to either grant or deny

23 the charter school proposal. If the local school board has not

24 voted in a public meeting within 30 days after the public

25 meeting, then the charter applicant may submit the proposal to

26 the Commission, where it must be addressed in accordance with

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1 the provisions set forth in subsection (g) of this Section.

2 (f) Within 7 days of the public meeting required under

3 subsection (e) of this Section, the local school board shall

4 file a report with the State Board granting or denying the

5 proposal. If the local school board has approved the proposal,

6 within 30 days of receipt of the local school board's report,

7 the State Board shall determine whether the approved charter

8 proposal is consistent with the provisions of this Article and,

9 if the approved proposal complies, certify the proposal

10 pursuant to Section 27A-6.

11 (g) If the charter applicant submits the proposal to the

12 Commission as authorized ~~the local school board votes to deny~~

13 ~~the proposal, then the charter school applicant has 30 days~~

14 ~~from the date of that vote to submit an appeal to the~~

15 ~~Commission. In such instances or in those instances referenced~~

16 in subsections (d), ~~and~~ (e), and (i) of this Section, the

17 Commission shall follow the same process and be subject to the

18 same timelines for review as the local school board.

19 (h) The Commission may approve a charter school proposal

20 submitted to it in accordance with subsection (d), (e), or (i)

21 of this Section ~~The Commission may reverse a local school~~

22 ~~board's decision to deny a charter school proposal~~ if the

23 Commission finds that the proposal (i) is in compliance with

24 this Article and (ii) is in the best interests of the students

25 the charter school is designed to serve. Final decisions of the

26 Commission are subject to judicial review under the

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1 Administrative Review Law.

2 (i) In the case of a charter school proposed to be jointly

3 authorized by 2 or more school districts, the local school

4 boards may unanimously deny the charter school proposal with a

5 statement that the local school boards are not opposed to the

6 charter school, but that they yield to the Commission in light

7 of the complexities of joint administration, in which case the

8 charter applicant may submit the proposal to the Commission,

9 where it must be addressed in accordance with the provisions

10 set forth in subsection (g) of this Section.

11 (Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;

12 96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)

13 (105 ILCS 5/27A-9)

14 Sec. 27A-9. Term of charter; renewal.

15 (a) For charters granted before January 1, 2017 (the

16 effective date of Public Act 99-840), a charter may be granted

17 for a period not less than 5 and not more than 10 school years.

18 For charters granted on or after January 1, 2017 (the effective

19 date of Public Act 99-840), a charter shall be granted for a

20 period of 5 school years. For charters renewed before January

21 1, 2017 (the effective date of Public Act 99-840), a charter

22 may be renewed in incremental periods not to exceed 5 school

23 years. For charters renewed on or after January 1, 2017 (the

24 effective date of Public Act 99-840), a charter may be renewed

25 in incremental periods not to exceed 10 school years; however,

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1 the Commission may renew a charter only in incremental periods

2 not to exceed 5 years and has no authority to renew a charter

3 beginning on the effective date of this amendatory Act of the

4 101st General Assembly. Instead, a charter school authorized by

5 the Commission must reapply to the local school board or boards

6 at the end of its charter term.

7 Authorizers shall ensure that every charter granted on or

8 after January 1, 2017 (the effective date of Public Act 99-840)

9 includes standards and goals for academic, organizational, and

10 financial performance. A charter must meet all standards and

11 goals for academic, organizational, and financial performance

12 set forth by the authorizer in order to be renewed for a term

13 in excess of 5 years but not more than 10 years. If an

14 authorizer fails to establish standards and goals, a charter

15 shall not be renewed for a term in excess of 5 years. Nothing

16 contained in this Section shall require an authorizer to grant

17 a full 10-year renewal term to any particular charter school,

18 but an authorizer may award a full 10-year renewal term to

19 charter schools that have a demonstrated track record of

20 improving student performance. Renewals under this paragraph

21 may not be made by the Commission.

22 (b) A charter school renewal proposal submitted to the

23 local school board ~~or the Commission, as the chartering entity,~~

24 shall contain:

25 (1) a ~~A~~ report on the progress of the charter school in

26 achieving the goals, objectives, pupil performance

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1 standards, content standards, and other terms of the

2 initial approved charter proposal; and

3 (2) a ~~A~~ financial statement that discloses the costs of

4 administration, instruction, and other spending categories

5 for the charter school that is understandable to the

6 general public and that will allow comparison of those

7 costs to other schools or other comparable organizations,

8 in a format required by the State Board.

9 (c) A charter may be revoked or not renewed(if the local

10 school board is the chartering entity) ~~if the local school~~

11 ~~board~~ or revoked (if the Commission is the chartering entity)

12 if ~~, as~~the chartering entity~~,~~clearly demonstrates that the

13 charter school did any of the following, or otherwise failed to

14 comply with the requirements of this law:

15 (1) Committed a material violation of any of the

16 conditions, standards, or procedures set forth in the

17 charter.

18 (2) Failed to meet or make reasonable progress toward

19 achievement of the content standards or pupil performance

20 standards identified in the charter.

21 (3) Failed to meet generally accepted standards of

22 fiscal management.

23 (4) Violated any provision of law from which the

24 charter school was not exempted.

25 In the case of revocation, the local school board or the

26 Commission, as the chartering entity, shall notify the charter

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1 school in writing of the reason why the charter is subject to

2 revocation. The charter school shall submit a written plan to

3 the local school board or the Commission, whichever is

4 applicable, to rectify the problem. The plan shall include a

5 timeline for implementation, which shall not exceed 2 years or

6 the date of the charter's expiration, whichever is earlier. If

7 the local school board or the Commission, as the chartering

8 entity, finds that the charter school has failed to implement

9 the plan of remediation and adhere to the timeline, then the

10 chartering entity shall revoke the charter. Except in

11 situations of an emergency where the health, safety, or

12 education of the charter school's students is at risk, the

13 revocation shall take place at the end of a school year.

14 Nothing in Public Act 96-105 shall be construed to prohibit an

15 implementation timetable that is less than 2 years in duration.

16 (d) (Blank).

17 (e) The Commission may approve an application for a charter

18 submitted to it in accordance with this Article ~~Notice of a~~

19 ~~local school board's decision to deny, revoke, or not renew a~~

20 ~~charter shall be provided to the Commission and the State~~

21 ~~Board. The Commission may reverse a local board's decision~~if

22 the Commission finds that the charter school or charter school

23 proposal (i) is in compliance with this Article~~,~~ and (ii) is in

24 the best interests of the students it is designed to serve.The

25 Commission may condition approval of a charter school

26 application~~The Commission may condition the granting of an~~

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1 ~~appeal~~on the acceptance by the charter school of funding in an

2 amount less than that requested in the proposal submitted to

3 the local school board. Final decisions of the Commissionare

4 ~~shall be~~subject to judicial review under the Administrative

5 Review Law.

6 (f) Notwithstanding other provisions of this Article, if

7 the Commission approves an application for a charter school

8 submitted to it in accordance with this Article or~~on appeal~~

9 ~~reverses a local board's decision or~~if a charter school is

10 approved by referendum under Section 27A-6.5 of this Code, the

11 Commission shall act as the authorized chartering entity for

12 the charter school. The Commission shallexecute a~~approve the~~

13 charter agreementand shall perform all functions under this

14 Article otherwise performed by the local school board. The

15 State Board shall determine whether the charter proposal

16 approved by the Commission is consistent with the provisions of

17 this Article and, if the approved proposal complies, certify

18 the proposal pursuant to this Article. The State Board shall

19 report the aggregate number of charter school pupils resident

20 in a school district to that district and shall notify the

21 district of the amount of funding to be paid by the State Board

22 to the charter school enrolling such students. The Commission

23 shall require the charter school to maintain accurate records

24 of daily attendance that shall be deemed sufficient to file

25 claims under Section 18-8.05 or 18-8.15 notwithstanding any

26 other requirements of that Section regarding hours of

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1 instruction and teacher certification. The State Board shall

2 withhold from funds otherwise due the district the funds

3 authorized by this Article to be paid to the charter school and

4 shall pay such amounts to the charter school.

5 (g) For charter schools authorized by the Commission, the

6 Commission shall quarterly certify to the State Board the

7 student enrollment for each of its charter schools.

8 (h) For charter schools authorized by the Commission, the

9 State Board shall pay directly to a charter school any federal

10 or State aid attributable to a student with a disability

11 attending the school.

12 (i) The Commission has no authority under subsection (e) of

13 this Section to approve a charter school proposal that has been

14 denied by the local school board.

15 (Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;

16 100-465, eff. 8-31-17.)

17 Section 99. Effective date. This Act takes effect upon

18 becoming law.