Full Text of HB2810 99th General Assembly
HB2810ham001 99TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/20/2015
| | 09900HB2810ham001 | | LRB099 06861 NHT 32905 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2810
| 2 | | AMENDMENT NO. ______. Amend House Bill 2810 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 27A-9 and 27A-11 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 the Commission, 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 |
| | | 09900HB2810ham001 | - 2 - | LRB099 06861 NHT 32905 a |
|
| 1 | | initial approved charter proposal; and
| 2 | | (2) A financial statement that discloses the costs of | 3 | | administration,
instruction, and other spending categories | 4 | | for the charter school that is
understandable to the | 5 | | general public and that will allow comparison of those
| 6 | | costs to other schools or other comparable organizations, | 7 | | in a format required
by the State Board.
| 8 | | (c) A charter may be revoked
or not renewed if the local | 9 | | school board or the Commission, as the chartering
entity,
| 10 | | clearly demonstrates that the
charter school did any of the
| 11 | | following, or otherwise failed to comply with the requirements | 12 | | of this law:
| 13 | | (1) Committed a material violation of any of the | 14 | | conditions, standards, or
procedures set forth in the | 15 | | charter.
| 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.
| 19 | | (3) Failed to meet generally accepted standards of | 20 | | fiscal management.
| 21 | | (4) Violated any provision of law from which the | 22 | | charter school was not
exempted.
| 23 | | In the case of revocation, the local school board or the | 24 | | Commission, as the chartering entity, shall notify the charter | 25 | | school in writing of the reason why the charter is subject to | 26 | | revocation. The charter school shall submit a written plan to |
| | | 09900HB2810ham001 | - 3 - | LRB099 06861 NHT 32905 a |
|
| 1 | | the local school board or the Commission, whichever is | 2 | | applicable, to rectify the problem. The plan shall include a | 3 | | timeline for implementation, which shall not exceed 2 years or | 4 | | the date of the charter's expiration, whichever is earlier. If | 5 | | the local school board or the Commission, as the chartering | 6 | | entity, finds that the charter school has failed to implement | 7 | | the plan of remediation and adhere to the timeline, then the | 8 | | chartering entity shall revoke the charter. Except in | 9 | | situations of an emergency where the health, safety, or | 10 | | education of the charter school's students is at risk, the | 11 | | revocation shall take place at the end of a school year. | 12 | | Nothing in this amendatory Act of the 96th General Assembly | 13 | | shall be construed to prohibit an implementation timetable that | 14 | | is less than 2 years in duration. | 15 | | (d) (Blank).
| 16 | | (e) Notice of a local school board's decision to
deny, | 17 | | revoke or not to
renew a charter shall be provided to the | 18 | | Commission and the State Board.
The Commission may reverse a | 19 | | local board's
decision
if the Commission finds
that the charter | 20 | | school or charter school proposal (i) is in compliance with
| 21 | | this Article, and (ii) is in the best interests of the students | 22 | | it is designed
to serve.
The Commission may condition the | 23 | | granting of an appeal on the acceptance by
the charter school | 24 | | of funding in an amount less than that requested in the
| 25 | | proposal submitted to the local school board ; however, the | 26 | | Commission shall have no authority to agree to funding in an |
| | | 09900HB2810ham001 | - 4 - | LRB099 06861 NHT 32905 a |
|
| 1 | | amount less than or more than the permissible range of funding | 2 | | for district-authorized charter schools specified in Section | 3 | | 27A-11 of this Code .
Final decisions of the Commission shall be | 4 | | subject
to judicial review under the Administrative Review Law.
| 5 | | (f) Notwithstanding other provisions of this Article, if | 6 | | the Commission
on appeal reverses a local board's decision
or | 7 | | if a charter school is
approved by referendum,
the Commission
| 8 | | shall act as the
authorized chartering entity for the charter | 9 | | school.
The Commission shall
approve the charter and shall | 10 | | perform all functions
under this
Article otherwise performed by | 11 | | the local school
board. The State Board shall determine whether | 12 | | the charter proposal approved by the Commission is consistent | 13 | | with the provisions of this Article and, if the approved | 14 | | proposal complies, certify the proposal pursuant to this | 15 | | Article. The State Board shall
report the aggregate number of | 16 | | charter school pupils resident in a school
district to that | 17 | | district
and shall notify the district
of the amount of
funding | 18 | | to be paid by the State Board to the charter school enrolling | 19 | | such
students.
The Commission shall require the
charter school | 20 | | to maintain accurate records of daily attendance that shall be
| 21 | | deemed sufficient to file claims under Section 18-8.05 | 22 | | notwithstanding any
other requirements of that Section | 23 | | regarding hours of instruction and teacher
certification. The | 24 | | charter school shall report to the Commission the number of | 25 | | students enrolled as of July 15, October 1, December 15, and | 26 | | March 1 in each year by district of residence, which enrollment |
| | | 09900HB2810ham001 | - 5 - | LRB099 06861 NHT 32905 a |
|
| 1 | | must be certified in accordance with subsection (g) of this | 2 | | Section.
The State Board shall withhold from funds otherwise | 3 | | due the district
the funds authorized by this Article to be | 4 | | paid to the charter school and shall
pay such amounts to the | 5 | | charter school.
| 6 | | (g) On or before July 31, October 15, December 31, and | 7 | | March 15 of each year For charter schools authorized by the | 8 | | Commission , the Commission shall quarterly certify to the State | 9 | | Board the student enrollment for each of its charter schools , | 10 | | as collected for that quarter pursuant to subsection (f) of | 11 | | this Section . Upon receipt of each quarterly report, the State | 12 | | Board shall compute and pay to the charter school a per capita | 13 | | amount that shall be calculated by multiplying the number of | 14 | | students who are enrolled in the charter school for that | 15 | | quarter by the per capita student tuition of the school | 16 | | district of residence. Payments computed under this subsection | 17 | | (g) shall be paid directly to charter schools from funds | 18 | | appropriated for general State Aid payments to all school | 19 | | districts under Section 18-8.05 of this Code and may not be | 20 | | withheld from funds otherwise due to the student's district of | 21 | | residence. A charter school may not receive per capita funds | 22 | | under this subsection (g) for any student who is enrolled in | 23 | | the charter school but does not reside within the geographic | 24 | | boundaries of the district or districts in which the charter | 25 | | school is approved to operate. | 26 | | (h) For charter schools authorized by the Commission, the |
| | | 09900HB2810ham001 | - 6 - | LRB099 06861 NHT 32905 a |
|
| 1 | | State Board shall pay directly to a charter school any federal | 2 | | or State aid attributable to a student with a disability | 3 | | attending the school. | 4 | | (Source: P.A. 97-152, eff. 7-20-11; 98-739, eff. 7-16-14.)
| 5 | | (105 ILCS 5/27A-11)
| 6 | | Sec. 27A-11. Local financing.
| 7 | | (a) For purposes of this the School Code, pupils enrolled | 8 | | in a charter school authorized by a local school board
shall be | 9 | | included in the pupil enrollment of the school district within | 10 | | which
the
pupil resides , while pupils enrolled in a charter | 11 | | school authorized by the Commission shall be considered | 12 | | enrolled in that charter school only . Each charter school (i) | 13 | | shall determine the school district in
which each pupil who is | 14 | | enrolled in the charter school resides,
(ii) shall
report the | 15 | | aggregate number of pupils resident of a school district who | 16 | | are
enrolled in the charter school to the school district in | 17 | | which those pupils
reside, and (iii) shall maintain accurate | 18 | | records of daily attendance that
shall be deemed sufficient to | 19 | | file claims under Section 18-8 notwithstanding
any other | 20 | | requirements of that Section regarding hours of instruction and
| 21 | | teacher certification.
| 22 | | (b) As Except for a charter school established by | 23 | | referendum under Section
27A-6.5, as part of a charter school | 24 | | contract between a charter school and a local school board , the | 25 | | parties charter school and the
local
school board shall agree |
| | | 09900HB2810ham001 | - 7 - | LRB099 06861 NHT 32905 a |
|
| 1 | | on funding and any services to be provided by the
school | 2 | | district to the charter school.
Agreed funding that a charter | 3 | | school is to receive from the local school
board for a school | 4 | | year shall be paid in
equal quarterly installments with the | 5 | | payment of the
installment for the first quarter being made not | 6 | | later than July 1, unless the
charter establishes a different | 7 | | payment schedule. However, if a charter school dismisses a | 8 | | pupil from the charter school after receiving a quarterly | 9 | | payment, the charter school shall return to the school | 10 | | district, on a quarterly basis, the prorated portion of public | 11 | | funding provided for the education of that pupil for the time | 12 | | the student is not enrolled at the charter school. Likewise, if | 13 | | a pupil transfers to a charter school between quarterly | 14 | | payments, the school district shall provide, on a quarterly | 15 | | basis, a prorated portion of the public funding to the charter | 16 | | school to provide for the education of that pupil.
| 17 | | All services centrally or otherwise provided by the school | 18 | | district
including, but not limited to, rent, food services, | 19 | | custodial services,
maintenance,
curriculum, media services, | 20 | | libraries, transportation, and warehousing shall be
subject to
| 21 | | negotiation between a charter school and the local school board | 22 | | and paid
for out
of the revenues negotiated pursuant to this | 23 | | subsection (b); provided that the
local school board shall not | 24 | | attempt, by negotiation or otherwise, to obligate
a charter | 25 | | school to provide pupil transportation for pupils for whom a | 26 | | district
is not required to provide transportation under the |
| | | 09900HB2810ham001 | - 8 - | LRB099 06861 NHT 32905 a |
|
| 1 | | criteria set forth in
subsection (a)(13) of Section 27A-7.
| 2 | | In no event shall the funding be less than 75% or more than
| 3 | | 125% of the
school district's per capita student tuition | 4 | | multiplied by
the
number of students residing in the district | 5 | | who are enrolled in the charter
school.
| 6 | | It is the intent of the General Assembly that funding and | 7 | | service agreements
under this subsection (b) shall be neither a | 8 | | financial incentive nor a
financial disincentive to the | 9 | | establishment of a charter school.
| 10 | | The charter school may set and collect reasonable fees. | 11 | | Fees collected
from students enrolled at a charter school shall | 12 | | be retained
by the charter school.
| 13 | | (c) Notwithstanding subsection (b) of this Section, the | 14 | | proportionate share
of State and federal resources generated by | 15 | | students with disabilities or staff
serving them shall be | 16 | | directed to charter schools enrolling those students by
their | 17 | | school districts or administrative units. The proportionate | 18 | | share of
moneys generated under other federal or State | 19 | | categorical aid programs shall be
directed to charter schools | 20 | | serving students eligible for that aid.
| 21 | | (d) The governing body of a charter school is authorized to | 22 | | accept
gifts,
donations, or grants of any kind made to the | 23 | | charter school and to expend or
use gifts, donations, or grants | 24 | | in accordance with the conditions prescribed by
the donor; | 25 | | however, a gift, donation, or grant may not be accepted by the
| 26 | | governing body if it is subject to any condition contrary to |
| | | 09900HB2810ham001 | - 9 - | LRB099 06861 NHT 32905 a |
|
| 1 | | applicable law or
contrary
to the terms of the contract between | 2 | | the charter school and the local school
board. Charter schools | 3 | | shall be encouraged to solicit and utilize community
volunteer | 4 | | speakers and other instructional resources when providing | 5 | | instruction
on the Holocaust and other historical events.
| 6 | | (e) (Blank).
| 7 | | (f) The Commission shall provide technical assistance to
| 8 | | persons and groups
preparing or revising charter applications.
| 9 | | (g) At the non-renewal or revocation of its charter, each
| 10 | | charter school
shall refund to the local board of education all | 11 | | unspent funds.
| 12 | | (h) A charter school is authorized to incur temporary, | 13 | | short
term debt to
pay operating expenses in anticipation of | 14 | | receipt of funds from the local
school board.
| 15 | | (Source: P.A. 98-640, eff. 6-9-14; 98-739, eff. 7-16-14; | 16 | | revised 10-1-14.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
|
|