HB4913 Engrossed LRB095 15697 NHT 42557 b

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 Section
5 27A-9 as follows:
 
6     (105 ILCS 5/27A-9)
7     Sec. 27A-9. Term of charter; renewal.
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.
11     (b) A charter school renewal proposal submitted to the
12 local school board or State Board, as the chartering entity,
13 shall contain:
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
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
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:
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.
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.
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.
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.
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).
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.
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
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.
19 (Source: P.A. 91-96, eff. 7-9-99; 91-407, eff. 8-3-99; 92-16,
20 eff. 6-28-01.)
 
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.