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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 27A-9 as follows:
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6 | (105 ILCS 5/27A-9)
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7 | Sec. 27A-9. Term of charter; renewal.
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8 | (a) A charter may be granted for a period not less than 5 | ||||||
9 | and not
more than
10
school years. A charter may be renewed in | ||||||
10 | incremental periods not to exceed
5
school years.
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11 | (b) A charter school renewal proposal submitted to the
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12 | local school board or State Board, as the chartering entity,
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13 | shall contain:
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14 | (1) A report on the progress of the charter school in | ||||||
15 | achieving the goals,
objectives, pupil performance | ||||||
16 | standards, content standards, and other terms of
the | ||||||
17 | initial approved charter proposal; and
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18 | (2) A financial statement that discloses the costs of | ||||||
19 | administration,
instruction, and other spending categories | ||||||
20 | for the charter school that is
understandable to the | ||||||
21 | general public and that will allow comparison of those
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22 | costs to other schools or other comparable organizations, | ||||||
23 | in a format required
by the State Board.
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1 | (c) A charter may be revoked
or not renewed if the local | ||||||
2 | school board or State Board, as the chartering
entity,
clearly | ||||||
3 | demonstrates that the
charter school did any of the
following, | ||||||
4 | or otherwise failed to comply with the requirements of this | ||||||
5 | law:
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6 | (1) Committed a material violation of any of the | ||||||
7 | conditions, standards, or
procedures set forth in the | ||||||
8 | charter , in which case the local school board or State | ||||||
9 | Board, as the chartering entity, shall notify the charter | ||||||
10 | school in writing of the reason why the charter is subject | ||||||
11 | to revocation or nonrenewal, and the charter school shall | ||||||
12 | submit a written plan to the local school board or State | ||||||
13 | Board, whichever is applicable, to rectify the problem and | ||||||
14 | begin implementation of the plan within one calendar year | ||||||
15 | after notification .
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16 | (2) Failed to meet or make reasonable progress toward | ||||||
17 | achievement of the
content standards or pupil performance | ||||||
18 | standards identified in the charter , in which case the | ||||||
19 | charter school must be held to the terms as written in the | ||||||
20 | charter .
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21 | (3) Failed to meet generally accepted standards of | ||||||
22 | fiscal management , in which case the local school board or | ||||||
23 | State Board, as the chartering entity, shall notify the | ||||||
24 | charter school in writing of the reason why the charter is | ||||||
25 | subject to revocation or nonrenewal, and the charter school | ||||||
26 | shall submit a written plan to the local school board or |
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1 | State Board, whichever is applicable, to rectify the | ||||||
2 | problem and begin implementation of the plan within one | ||||||
3 | calendar year after notification .
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4 | (4) Violated any provision of law from which the | ||||||
5 | charter school was not
exempted , in which case the local | ||||||
6 | school board or State Board, as the chartering entity, | ||||||
7 | shall notify the charter school in writing of the reason | ||||||
8 | why the charter is subject to revocation or nonrenewal, and | ||||||
9 | the charter school shall submit a written plan to the local | ||||||
10 | school board or State Board, whichever is applicable, to | ||||||
11 | rectify the problem and begin implementation of the plan | ||||||
12 | within one calendar year after notification .
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13 | If the local school board or State Board, as the chartering | ||||||
14 | entity, finds that the charter school has not rectified the | ||||||
15 | problem, then the charter must be revoked or not renewed. | ||||||
16 | Notwithstanding any other rulemaking authority that may | ||||||
17 | exist, neither the Governor nor any agency or agency head under | ||||||
18 | the jurisdiction of the Governor has any authority to make or | ||||||
19 | promulgate rules to implement or enforce the provisions of this | ||||||
20 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
21 | Governor believes that rules are necessary to implement or | ||||||
22 | enforce the provisions of this amendatory Act of the 95th | ||||||
23 | General Assembly, the Governor may suggest rules to the General | ||||||
24 | Assembly by filing them with the Clerk of the House and the | ||||||
25 | Secretary of the Senate and by requesting that the General | ||||||
26 | Assembly authorize such rulemaking by law, enact those |
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1 | suggested rules into law, or take any other appropriate action | ||||||
2 | in the General Assembly's discretion. Nothing contained in this | ||||||
3 | amendatory Act of the 95th General Assembly shall be | ||||||
4 | interpreted to grant rulemaking authority under any other | ||||||
5 | Illinois statute where such authority is not otherwise | ||||||
6 | explicitly given. For the purposes of this amendatory Act of | ||||||
7 | the 95th General Assembly, "rules" is given the meaning | ||||||
8 | contained in Section 1-70 of the Illinois Administrative | ||||||
9 | Procedure Act, and "agency" and "agency head" are given the | ||||||
10 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
11 | Administrative Procedure Act to the extent that such | ||||||
12 | definitions apply to agencies or agency heads under the | ||||||
13 | jurisdiction of the Governor. | ||||||
14 | (d) (Blank).
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15 | (e) Notice of a local school board's decision to
deny, | ||||||
16 | revoke or not to
renew a charter shall be provided to the State | ||||||
17 | Board.
The State Board may reverse a local board's
decision
if | ||||||
18 | the State Board finds
that the charter school or charter school | ||||||
19 | proposal (i) is in compliance with
this Article, and (ii) is in | ||||||
20 | the best interests of the students it is designed
to serve.
The | ||||||
21 | State Board may condition the granting of an appeal on the | ||||||
22 | acceptance by
the charter school of funding in an amount less | ||||||
23 | than that requested in the
proposal submitted to the local | ||||||
24 | school board.
Final decisions of the State Board shall be | ||||||
25 | subject
to judicial review under the Administrative Review Law.
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26 | (f) Notwithstanding other provisions of this Article, if |
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1 | the
State Board
on appeal reverses a local board's decision
or | ||||||
2 | if a charter school is
approved by referendum,
the
State Board | ||||||
3 | shall act as the
authorized chartering entity for the charter | ||||||
4 | school.
The State Board shall
approve and certify the charter | ||||||
5 | and shall perform all functions
under this
Article otherwise | ||||||
6 | performed by the local school
board. The State Board shall
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7 | report the aggregate number of charter school pupils resident | ||||||
8 | in a school
district to that district
and shall notify the | ||||||
9 | district
of the amount of
funding to be paid by the State Board | ||||||
10 | to the charter school enrolling such
students.
The State Board | ||||||
11 | shall require the
charter school to maintain accurate records | ||||||
12 | of daily attendance that shall be
deemed sufficient to file | ||||||
13 | claims under Section 18-8.05 notwithstanding any
other | ||||||
14 | requirements of that Section regarding hours of instruction and | ||||||
15 | teacher
certification.
The State Board shall withhold from | ||||||
16 | funds otherwise due the district
the funds authorized by this | ||||||
17 | Article to be paid to the charter school and shall
pay such | ||||||
18 | amounts to the charter school.
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19 | (Source: P.A. 91-96, eff. 7-9-99; 91-407, eff. 8-3-99;
92-16, | ||||||
20 | eff. 6-28-01.)
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21 | Section 90. The State Mandates Act is amended by adding | ||||||
22 | Section 8.32 as follows: | ||||||
23 | (30 ILCS 805/8.32 new) | ||||||
24 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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1 | of this Act, no reimbursement by the State is required for the | ||||||
2 | implementation of any mandate created by this amendatory Act of | ||||||
3 | the 95th General Assembly. |