Bill Text: IL SB1591 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Charter Schools Law of the School Code. Requires a charter school proposal to include disclosure of any known active criminal or civil investigation by a local, state, or federal law enforcement agency into the individual or organization submitting the charter school proposal. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2015-08-10 - Public Act . . . . . . . . . 99-0334 [SB1591 Detail]

Download: Illinois-2015-SB1591-Chaptered.html



Public Act 099-0334
SB1591 EnrolledLRB099 08451 NHT 28605 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
27A-7 as follows:
(105 ILCS 5/27A-7)
Sec. 27A-7. Charter submission.
(a) A proposal to establish a charter school shall be
submitted to the local school board and the State Board for
certification under Section 27A-6 of this Code in the form of a
proposed contract entered into between the local school board
and the governing body of a proposed charter school. The
charter school proposal shall include:
(1) The name of the proposed charter school, which must
include the words "Charter School".
(2) The age or grade range, areas of focus, minimum and
maximum numbers of pupils to be enrolled in the charter
school, and any other admission criteria that would be
legal if used by a school district.
(3) A description of and address for the physical plant
in which the charter school will be located; provided that
nothing in the Article shall be deemed to justify delaying
or withholding favorable action on or approval of a charter
school proposal because the building or buildings in which
the charter school is to be located have not been acquired
or rented at the time a charter school proposal is
submitted or approved or a charter school contract is
entered into or submitted for certification or certified,
so long as the proposal or submission identifies and names
at least 2 sites that are potentially available as a
charter school facility by the time the charter school is
to open.
(4) The mission statement of the charter school, which
must be consistent with the General Assembly's declared
purposes; provided that nothing in this Article shall be
construed to require that, in order to receive favorable
consideration and approval, a charter school proposal
demonstrate unequivocally that the charter school will be
able to meet each of those declared purposes, it being the
intention of the Charter Schools Law that those purposes be
recognized as goals that charter schools must aspire to
attain.
(5) The goals, objectives, and pupil performance
standards to be achieved by the charter school.
(6) 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
the approval of certified teachers, parents and guardians,
and, if applicable, a local school council as provided in
subsection (b) of Section 27A-8.
(7) A description of the charter school's educational
program, pupil performance standards, curriculum, school
year, school days, and hours of operation.
(8) A description of the charter school's plan for
evaluating pupil performance, the types of assessments
that will be used to measure pupil progress towards
achievement of the school's pupil performance standards,
the timeline for achievement of those standards, and the
procedures for taking corrective action in the event that
pupil performance at the charter school falls below those
standards.
(9) Evidence that the terms of the charter as proposed
are economically sound for both the charter school and the
school district, a proposed budget for the term of the
charter, a description of the manner in which an annual
audit of the financial and administrative operations of the
charter school, including any services provided by the
school district, are to be conducted, and a plan for the
displacement of pupils, teachers, and other employees who
will not attend or be employed in the charter school.
(10) A description of the governance and operation of
the charter school, including the nature and extent of
parental, professional educator, and community involvement
in the governance and operation of the charter school.
(11) An explanation of the relationship that will exist
between the charter school and its employees, including
evidence that the terms and conditions of employment have
been addressed with affected employees and their
recognized representative, if any. However, a bargaining
unit of charter school employees shall be separate and
distinct from any bargaining units formed from employees of
a school district in which the charter school is located.
(12) An agreement between the parties regarding their
respective legal liability and applicable insurance
coverage.
(13) A description of how the charter school plans to
meet the transportation needs of its pupils, and a plan for
addressing the transportation needs of low-income and
at-risk pupils.
(14) The proposed effective date and term of the
charter; provided that the first day of the first academic
year shall be no earlier than August 15 and no later than
September 15 of a calendar year, and the first day of the
fiscal year shall be July 1.
(14.5) Disclosure of any known active civil or criminal
investigation by a local, state, or federal law enforcement
agency into an organization submitting the charter school
proposal or a criminal investigation by a local, state, or
federal law enforcement agency into any member of the
governing body of that organization. For the purposes of
this subdivision (14.5), a known investigation means a
request for an interview by a law enforcement agency, a
subpoena, an arrest, or an indictment. Such disclosure is
required for a period from the initial application
submission through 10 business days prior to the
authorizer's scheduled decision date.
(15) Any other information reasonably required by the
State Board of Education.
(b) A proposal to establish a charter school may be
initiated by individuals or organizations that will have
majority representation on the board of directors or other
governing body of the corporation or other discrete legal
entity that is to be established to operate the proposed
charter school, by a board of education or an intergovernmental
agreement between or among boards of education, or by the board
of directors or other governing body of a discrete legal entity
already existing or established to operate the proposed charter
school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators,
local school councils, colleges or universities or their
faculty members, public community colleges or their
instructors or other representatives, corporations, or other
entities or their representatives. The proposal shall be
submitted to the local school board for consideration and, if
appropriate, for development of a proposed contract to be
submitted to the State Board for certification under Section
27A-6.
(c) The local school board may not without the consent of
the governing body of the charter school condition its approval
of a charter school proposal on acceptance of an agreement to
operate under State laws and regulations and local school board
policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 98-739, eff. 7-16-14; 98-1048, eff. 8-25-14;
revised 10-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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