Bill Text: IL SB0588 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the transportation of pupils.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0588 Detail]
Download: Illinois-2013-SB0588-Amended.html
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1 | AMENDMENT TO SENATE BILL 588
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2 | AMENDMENT NO. ______. Amend Senate Bill 588 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 27A-4, 27A-11, and 27A-12 and by adding Sections 27A-10.5 and | ||||||
6 | 27A-11.10 as follows:
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7 | (105 ILCS 5/27A-4)
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8 | Sec. 27A-4. General Provisions.
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9 | (a) The General Assembly does not intend to alter or amend | ||||||
10 | the provisions
of any court-ordered desegregation plan in | ||||||
11 | effect for any school district. A
charter school shall be | ||||||
12 | subject to all federal and State laws and
constitutional | ||||||
13 | provisions prohibiting discrimination on the basis of
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14 | disability, race, creed, color, gender, national origin, | ||||||
15 | religion, ancestry,
marital status, or need for special | ||||||
16 | education services.
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1 | (b) The total number of charter schools operating under | ||||||
2 | this Article at any
one time shall not exceed 120. Not more | ||||||
3 | than 70 charter
schools
shall operate at any one time in any | ||||||
4 | city having a population exceeding
500,000, with at least 5 | ||||||
5 | charter schools devoted exclusively to students from | ||||||
6 | low-performing or overcrowded schools operating at any one time | ||||||
7 | in that city; and not more than 45
charter schools shall | ||||||
8 | operate at any one time in the remainder of the State, with not
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9 | more than one charter school that
has been initiated by a board | ||||||
10 | of education, or
by an intergovernmental agreement between or | ||||||
11 | among boards of education,
operating at any one
time in the | ||||||
12 | school district where the charter school is located. In | ||||||
13 | addition to these charter schools, up to but no more than 5 | ||||||
14 | charter schools devoted exclusively to re-enrolled high school | ||||||
15 | dropouts and/or students 16 or 15 years old at risk of dropping | ||||||
16 | out may operate at any one time in any city having a population | ||||||
17 | exceeding 500,000. Notwithstanding any provision to the | ||||||
18 | contrary in subsection (b) of Section 27A-5 of this Code, each | ||||||
19 | such dropout charter may operate up to 15 campuses within the | ||||||
20 | city. Any of these dropout charters may have a maximum of 1,875 | ||||||
21 | enrollment seats, any one of the campuses of the dropout | ||||||
22 | charter may have a maximum of 165 enrollment seats, and each | ||||||
23 | campus of the dropout charter must be operated, through a | ||||||
24 | contract or payroll, by the same legal entity as that for which | ||||||
25 | the charter is approved and certified.
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26 | For purposes of implementing this Section, the State Board |
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1 | shall assign a
number to each charter submission it receives | ||||||
2 | under Section 27A-6 for its
review and certification, based on | ||||||
3 | the chronological order in which the
submission is received by | ||||||
4 | it. The State Board shall promptly notify local
school boards | ||||||
5 | when the maximum numbers of certified charter schools | ||||||
6 | authorized
to operate have been reached.
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7 | (c) No charter shall be granted under this Article that | ||||||
8 | would convert any
existing private, parochial, or non-public | ||||||
9 | school to a charter school.
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10 | (d) Enrollment in a charter school shall be open to any | ||||||
11 | pupil who resides
within the geographic boundaries of the area | ||||||
12 | served by the local school board, provided that the board of | ||||||
13 | education in a city having a population exceeding 500,000 may | ||||||
14 | designate attendance boundaries for no more than one-third of | ||||||
15 | the charter schools permitted in the city if the board of | ||||||
16 | education determines that attendance boundaries are needed to | ||||||
17 | relieve overcrowding or to better serve low-income and at-risk | ||||||
18 | students. Students residing within an attendance boundary may | ||||||
19 | be given priority for enrollment, but must not be required to | ||||||
20 | attend the charter school.
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21 | (e) Nothing in this Article shall prevent 2 or more local | ||||||
22 | school boards from
jointly
issuing a charter to a single shared | ||||||
23 | charter school, provided that all of the
provisions of this | ||||||
24 | Article are met as to those local school boards.
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25 | (f) No local school board shall require any employee of the | ||||||
26 | school district
to be employed in a charter school.
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1 | (g) No local school board shall require any pupil residing | ||||||
2 | within the
geographic boundary of its district to enroll in a | ||||||
3 | charter school.
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4 | (h) If there are more eligible applicants for enrollment in | ||||||
5 | a charter school
than there are spaces available, successful | ||||||
6 | applicants shall be selected by
lottery , which lottery must be | ||||||
7 | administered by the authorizer . However, priority shall be | ||||||
8 | given to siblings of pupils enrolled in
the charter school and | ||||||
9 | to pupils who were enrolled in the charter school the
previous | ||||||
10 | school year, unless expelled for cause, and priority may be | ||||||
11 | given to pupils residing within the charter school's attendance | ||||||
12 | boundary, if a boundary has been designated by the board of | ||||||
13 | education in a city having a population exceeding 500,000. A | ||||||
14 | charter school waiting list must be centrally administered by | ||||||
15 | the authorizer. A charter school may not create any admissions | ||||||
16 | process subsequent to a lottery. In the event that a student | ||||||
17 | transfers from a charter school, the authorizer shall inform | ||||||
18 | the next parent or guardian on the waiting list. Dual | ||||||
19 | enrollment at both a
charter school and a public school or | ||||||
20 | non-public school shall not be allowed.
A pupil who is | ||||||
21 | suspended or expelled from a charter school shall be deemed to
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22 | be suspended or expelled from the public schools of the school | ||||||
23 | district in
which the pupil resides. Notwithstanding anything | ||||||
24 | to the contrary in this subsection (h): | ||||||
25 | (1) any charter school with a mission exclusive to | ||||||
26 | educating high school dropouts may grant priority |
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1 | admission to students who are high school dropouts and/or | ||||||
2 | students 16 or 15 years old at risk of dropping out and any | ||||||
3 | charter school with a mission exclusive to educating | ||||||
4 | students from low-performing or overcrowded schools may | ||||||
5 | restrict admission to students who are from low-performing | ||||||
6 | or overcrowded schools; "priority admission" for charter | ||||||
7 | schools exclusively devoted to re-enrolled dropouts or | ||||||
8 | students at risk of dropping out means a minimum of 90% of | ||||||
9 | students enrolled shall be high school dropouts; and
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10 | (2) any charter school located in a school district | ||||||
11 | that contains all or part of a federal military base may | ||||||
12 | set aside up to 33% of its current charter enrollment to | ||||||
13 | students with parents assigned to the federal military | ||||||
14 | base, with the remaining 67% subject to the general | ||||||
15 | enrollment and lottery requirements of subsection (d) of | ||||||
16 | this Section and this subsection (h); if a student with a | ||||||
17 | parent assigned to the federal military base withdraws from | ||||||
18 | the charter school during the course of a school year for | ||||||
19 | reasons other than grade promotion, those students with | ||||||
20 | parents assigned to the federal military base shall have | ||||||
21 | preference in filling the vacancy. | ||||||
22 | (i) (Blank).
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23 | (j) Notwithstanding any other provision of law to the | ||||||
24 | contrary, a
school district in a city having a population | ||||||
25 | exceeding 500,000 shall not
have a duty to collectively bargain | ||||||
26 | with an exclusive representative of its
employees over |
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1 | decisions to grant or deny a charter school proposal
under | ||||||
2 | Section 27A-8 of this Code, decisions to renew or revoke a | ||||||
3 | charter
under Section 27A-9 of this Code, and the impact of | ||||||
4 | these decisions,
provided that nothing in this Section shall | ||||||
5 | have the effect of negating,
abrogating, replacing, reducing, | ||||||
6 | diminishing, or limiting in any way
employee rights, | ||||||
7 | guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | ||||||
8 | 14, and 15 of the Illinois Educational Labor Relations Act.
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9 | (k) In this Section: | ||||||
10 | "Low-performing school" means a public school in a school | ||||||
11 | district organized under Article 34 of this Code that enrolls | ||||||
12 | students in any of grades kindergarten through 8 and that is | ||||||
13 | ranked within the lowest 10% of schools in that district in | ||||||
14 | terms of the percentage of students meeting or exceeding | ||||||
15 | standards on the Illinois Standards Achievement Test. | ||||||
16 | "Overcrowded school" means a public school in a school | ||||||
17 | district organized under Article 34 of this Code that (i) | ||||||
18 | enrolls students in any of grades kindergarten through 8, (ii) | ||||||
19 | has a percentage of low-income students of 70% or more, as | ||||||
20 | identified in the most recently available School Report Card | ||||||
21 | published by the State Board of Education, and (iii) is | ||||||
22 | determined by the Chicago Board of Education to be in the most | ||||||
23 | severely overcrowded 5% of schools in the district. On or | ||||||
24 | before November 1 of each year, the Chicago Board of Education | ||||||
25 | shall file a report with the State Board of Education on which | ||||||
26 | schools in the district meet the definition of "overcrowded |
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1 | school". "Students at risk of dropping out" means students 16 | ||||||
2 | or 15 years old in a public school in a district organized | ||||||
3 | under Article 34 of this Code that enrolls students in any | ||||||
4 | grades 9-12 who have been absent at least 90 school attendance | ||||||
5 | days of the previous 180 school attendance days. | ||||||
6 | (Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; | ||||||
7 | 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
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8 | (105 ILCS 5/27A-10.5 new) | ||||||
9 | Sec. 27A-10.5. Educational or charter management | ||||||
10 | organization. | ||||||
11 | (a) In this Section: | ||||||
12 | "CMO" means a charter management organization. | ||||||
13 | "EMO" means an educational management organization. | ||||||
14 | (b) A charter school established on or after the effective | ||||||
15 | date of this amendatory Act of the 98th General Assembly may | ||||||
16 | not enter into a contract with a for-profit EMO or CMO. | ||||||
17 | (c) All equipment, furnishings, and physical plants that | ||||||
18 | are purchased with public funds are the property of the charter | ||||||
19 | school, not the EMO or CMO. In the event a charter school is | ||||||
20 | dissolved, such property must be transferred to the authorizer. | ||||||
21 | (d) No charter school may employ a staff person who is | ||||||
22 | simultaneously employed by an EMO or CMO.
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23 | (105 ILCS 5/27A-11)
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24 | Sec. 27A-11. Local financing.
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1 | (a) For purposes of the School Code, pupils enrolled in a | ||||||
2 | charter school
shall be included in the pupil enrollment of the | ||||||
3 | school district within which
the
pupil resides. Each charter | ||||||
4 | school (i) shall determine the school district in
which each | ||||||
5 | pupil who is enrolled in the charter school resides,
(ii) shall
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6 | report the aggregate number of pupils resident of a school | ||||||
7 | district who are
enrolled in the charter school to the school | ||||||
8 | district in which those pupils
reside, and (iii) shall maintain | ||||||
9 | accurate records of daily attendance that
shall be deemed | ||||||
10 | sufficient to file claims under Section 18-8 notwithstanding
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11 | any other requirements of that Section regarding hours of | ||||||
12 | instruction and
teacher certification.
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13 | (b) Except for a charter school established by referendum | ||||||
14 | under Section
27A-6.5, as part of a charter school contract, | ||||||
15 | the charter school and the
local
school board shall agree on | ||||||
16 | funding and any services to be provided by the
school district | ||||||
17 | to the charter school.
Agreed funding that a charter school is | ||||||
18 | to receive from the local school
board for a school year shall | ||||||
19 | be paid in
equal quarterly installments with the payment of the
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20 | installment for the first quarter being made not later than | ||||||
21 | July 1, unless the
charter establishes a different payment | ||||||
22 | schedule.
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23 | All services centrally or otherwise provided by the school | ||||||
24 | district
including, but not limited to, rent, food services, | ||||||
25 | custodial services,
maintenance,
curriculum, media services, | ||||||
26 | libraries, transportation, and warehousing shall be
subject to
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1 | negotiation between a charter school and the local school board | ||||||
2 | and paid
for out
of the revenues negotiated pursuant to this | ||||||
3 | subsection (b); provided that the
local school board shall not | ||||||
4 | attempt, by negotiation or otherwise, to obligate
a charter | ||||||
5 | school to provide pupil transportation for pupils for whom a | ||||||
6 | district
is not required to provide transportation under the | ||||||
7 | criteria set forth in
subsection (a)(13) of Section 27A-7.
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8 | In no event shall the funding be less than 75% or more than
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9 | 125% of the
school district's per capita student tuition | ||||||
10 | multiplied by
the
number of students residing in the district | ||||||
11 | who are enrolled in the charter
school.
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12 | It is the intent of the General Assembly that funding and | ||||||
13 | service agreements
under this subsection (b) shall be neither a | ||||||
14 | financial incentive nor a
financial disincentive to the | ||||||
15 | establishment of a charter school.
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16 | The charter school may set and collect reasonable fees. | ||||||
17 | Fees collected
from students enrolled at a charter school shall | ||||||
18 | be retained
by the charter school.
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19 | (c) Notwithstanding subsection (b) of this Section, the | ||||||
20 | proportionate share
of State and federal resources generated by | ||||||
21 | students with disabilities or staff
serving them shall be | ||||||
22 | directed to charter schools enrolling those students by
their | ||||||
23 | school districts or administrative units. The proportionate | ||||||
24 | share of
moneys generated under other federal or State | ||||||
25 | categorical aid programs shall be
directed to charter schools | ||||||
26 | serving students eligible for that aid.
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1 | (d) The governing body of a charter school is authorized to | ||||||
2 | accept
gifts,
donations, or grants of any kind made to the | ||||||
3 | charter school and to expend or
use gifts, donations, or grants | ||||||
4 | in accordance with the conditions prescribed by
the donor; | ||||||
5 | however, a gift, donation, or grant may not be accepted by the
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6 | governing body if it is subject to any condition contrary to | ||||||
7 | applicable law or
contrary
to the terms of the contract between | ||||||
8 | the charter school and the local school
board. Charter schools | ||||||
9 | shall be encouraged to solicit and utilize community
volunteer | ||||||
10 | speakers and other instructional resources when providing | ||||||
11 | instruction
on the Holocaust and other historical events.
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12 | (e) (Blank).
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13 | (f) The State Board shall provide technical assistance to
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14 | persons and groups
preparing or revising charter applications.
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15 | (g) At the non-renewal or revocation of its charter, each
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16 | charter school
shall refund to the local board of education all | ||||||
17 | unspent funds.
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18 | If a charter school student transfers from the charter | ||||||
19 | school to another school in the same school district or to a | ||||||
20 | school in a different school district, the charter school shall | ||||||
21 | pay to the school district where the charter school is located | ||||||
22 | the prorated portion of public funding provided for the | ||||||
23 | education of that student. The charter school shall make this | ||||||
24 | payment on or before June 30. | ||||||
25 | (h) A charter school is authorized to incur temporary, | ||||||
26 | short
term debt to
pay operating expenses in anticipation of |
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1 | receipt of funds from the local
school board.
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2 | (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | ||||||
3 | 91-407, eff.
8-3-99.)
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4 | (105 ILCS 5/27A-11.10 new) | ||||||
5 | Sec. 27A-11.10. Proper use of funds. | ||||||
6 | (a) Any and all marketing and advertising to the public for | ||||||
7 | charter school enrollment and recruitment made by a charter | ||||||
8 | school or school district is prohibited. Any third party | ||||||
9 | conducting such advertising may not use funds from any public | ||||||
10 | entity of this State, including a charter school, to do so. | ||||||
11 | (b) No school district may promote one set of schools over | ||||||
12 | other sets of schools, and information about public school | ||||||
13 | choice options provided by the school district shall include | ||||||
14 | information on all public schools. | ||||||
15 | (c) No chief executive officer of a charter school shall | ||||||
16 | receive compensation greater than 80% of the compensation of | ||||||
17 | the superintendent of schools of the school district where the | ||||||
18 | charter school is located. No charter school principal may | ||||||
19 | receive compensation greater than 10% more than the average | ||||||
20 | compensation for principals in the school district where the | ||||||
21 | charter school is located. A charter school shall include these | ||||||
22 | prohibitions in any contract with an educational or charter | ||||||
23 | management organization. | ||||||
24 | (d) Charters schools that have a one-fifth greater share of | ||||||
25 | their spending on administration than the share that the school |
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1 | district where the charter school is located devotes to central | ||||||
2 | and school administration are subject to audit by the Auditor | ||||||
3 | General. Such an audit shall examine without limitation | ||||||
4 | contracts with educational or charter management | ||||||
5 | organizations, vendor contracts, and the use of shared | ||||||
6 | administration with school districts. The audit report shall | ||||||
7 | make recommendations lowering the share of spending going | ||||||
8 | toward administration.
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9 | (105 ILCS 5/27A-12)
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10 | Sec. 27A-12. Evaluation and assessment ; reporting report . | ||||||
11 | (a) On or before September 30 of every odd-numbered year, | ||||||
12 | all local school boards with at least one charter school, as | ||||||
13 | well as the Commission, shall submit to the State Board any | ||||||
14 | information required by the State Board pursuant to applicable | ||||||
15 | rule. On or before the second Wednesday in January of every | ||||||
16 | even-numbered year, the State Board shall issue a report to the | ||||||
17 | General Assembly and the Governor on its findings for the | ||||||
18 | previous 2 school years. The State Board's report shall | ||||||
19 | summarize all of the following: | ||||||
20 | (1) The authorizer's strategic vision for chartering | ||||||
21 | and progress toward achieving that vision. | ||||||
22 | (2) The academic and financial performance of all | ||||||
23 | operating charter schools overseen by the authorizer, | ||||||
24 | according to the performance expectations for charter | ||||||
25 | schools set forth in this Article. |
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1 | (3) The status of the authorizer's charter school | ||||||
2 | portfolio, identifying all charter schools in each of the | ||||||
3 | following categories: approved (but not yet open), | ||||||
4 | operating, renewed, transferred, revoked, not renewed, | ||||||
5 | voluntarily closed, or never opened. | ||||||
6 | (4) The authorizing functions provided by the | ||||||
7 | authorizer to the charter schools under its purview, | ||||||
8 | including the authorizer's operating costs and expenses | ||||||
9 | detailed in annual audited financial statements, which | ||||||
10 | must conform with generally accepted accounting | ||||||
11 | principles.
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12 | Further, in the report required by this Section, the State
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13 | Board (i) shall
compare the performance of charter school | ||||||
14 | pupils with the performance of
ethnically and economically | ||||||
15 | comparable groups of pupils in other public schools
who are | ||||||
16 | enrolled in academically comparable courses,
(ii) shall review | ||||||
17 | information regarding the regulations and policies from
which
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18 | charter schools were released to determine if the exemptions | ||||||
19 | assisted or
impeded
the charter schools in meeting their stated | ||||||
20 | goals and objectives, and (iii)
shall
include suggested changes | ||||||
21 | in State law necessary to strengthen charter schools.
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22 | (b) In addition, the State Board shall undertake and report | ||||||
23 | on periodic
evaluations of charter schools that include | ||||||
24 | evaluations of student academic
achievement, the extent to | ||||||
25 | which charter schools are accomplishing their
missions
and | ||||||
26 | goals, the sufficiency of funding for charter schools, and the |
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1 | need for
changes in the approval process for charter schools.
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2 | The State Board, at 5-year intervals, shall complete an | ||||||
3 | assessment of the impact of charter schools on the school | ||||||
4 | system, including the flow of funding between sectors, student | ||||||
5 | enrollment impacts, charter graduation rates, and student | ||||||
6 | attrition rates, and an assessment of whether different | ||||||
7 | categories of students are being equitably and fully served. | ||||||
8 | (c) Based on the information that the State Board receives | ||||||
9 | from authorizers and the State Board's ongoing monitoring of | ||||||
10 | both charter schools and authorizers, the State Board has the | ||||||
11 | power to remove the power to authorize from any authorizer in | ||||||
12 | this State if the authorizer does not demonstrate a commitment | ||||||
13 | to high-quality authorization practices and, if necessary, | ||||||
14 | revoke the chronically low-performing charters authorized by | ||||||
15 | the authorizer at the time of the removal. The State Board | ||||||
16 | shall adopt rules as needed to carry out this power, including | ||||||
17 | provisions to determine the status of schools authorized by an | ||||||
18 | authorizer whose authorizing power is revoked. | ||||||
19 | (d) Charter schools found out of compliance with any | ||||||
20 | reporting required under this Article shall have their share of | ||||||
21 | general State aid under Section 18-8.05 of this Code withheld | ||||||
22 | and prorated until the reporting is completed. | ||||||
23 | (Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)".
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