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90_HB2468
SEE INDEX
Amends the Charter Schools Law in the School Code.
Provides that the school board of a school district that for
any school year receives less than 15% of its aggregate
revenue for that school year from general and supplemental
State aid payments and grants and other financial assistance
distributed to the district under Article 18 of the School
Code may elect to establish a district-wide charter school
system for the immediately succeeding school year. Provides
that if such a district-wide charter school system is
established for a school year, then each attendance center
within the district constitutes and is to be operated as a
charter school during that school year. Provides that the
school board continues to serve as the governing body of the
district-wide charter school system and its charter schools.
Adds provisions relative to the manner of establishing a
district-wide charter school system and the content and
renewal of its charter (which the State Board of Education is
to approve). Adds related provisions relative to the right
of a school district in which a district-wide charter school
system is established to continue to receive State aid,
grants, and reimbursements and federal financial assistance
on the same basis as other school districts. Also provides
for the retention and exercise by a school district in which
a district-wide charter school system is established of
powers necessary for operation of the system and its charter
schools, including the power to tax and incur long term debt
on the same basis as other school districts of the same type.
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1 AN ACT to amend the School Code by changing Sections
2 27A-3, 27A-4, 27A-5, 27A-6, 27A-7, 27A-8, 27A-9, 27A-10 and
3 27A-11 and adding Section 27A-11.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The School Code is amended by changing
7 Sections 27A-3, 27A-4, 27A-5, 27A-6, 27A-7, 27A-8, 27A-9,
8 27A-10 and 27A-11 and adding Section 27A-11.5 as follows:
9 (105 ILCS 5/27A-3)
10 Sec. 27A-3. Definitions. For purposes of this Article:
11 "At-risk pupil" means a pupil who, because of physical,
12 emotional, socioeconomic, or cultural factors, is less likely
13 to succeed in a conventional educational environment.
14 "Local school board" means the duly elected or appointed
15 school board or board of education of a public school
16 district, including special charter districts, and school
17 districts located in cities having a population of more than
18 500,000, and school districts in which a district-wide
19 charter school system is established under Section 27A-11.5
20 organized under the laws of this State.
21 "State Board" means the State Board of Education.
22 Unless otherwise expressly provided or unless otherwise
23 required by the context in which it is used, a "charter
24 school" includes a charter school that forms a part of a
25 district-wide charter school system established under Section
26 27A-11.5.
27 (Source: P.A. 89-450, eff. 4-10-96.)
28 (105 ILCS 5/27A-4)
29 Sec. 27A-4. General Provisions.
30 (a) The General Assembly does not intend to alter or
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1 amend the provisions of any court-ordered desegregation plan
2 in effect for any school district. A charter school,
3 including a charter school that forms a part of a
4 district-wide charter school system established under Section
5 27A-11.5, shall be subject to all federal and State laws and
6 constitutional provisions prohibiting discrimination on the
7 basis of disability, race, creed, color, gender, national
8 origin, religion, ancestry, marital status, or need for
9 special education services.
10 (b) The total number of charter schools operating under
11 this Article at any one time shall not exceed 45. Not more
12 that 15 charter schools shall operate at any one time in any
13 city having a population exceeding 500,000; not more than 15
14 charter schools shall operate at any one time in the counties
15 of DuPage, Kane, Lake, McHenry, Will, and that portion of
16 Cook County that is located outside a city having a
17 population exceeding 500,000; and not more than 15 charter
18 schools shall operate at any one time in the remainder of the
19 State.
20 Charter schools that form a part of a district-wide
21 charter school system established under Section 27A-11.5
22 shall not be counted for purposes of determining the total or
23 maximum number of charter schools operating or authorized to
24 operate under this Article at any one time in the State or in
25 any city or county of the State.
26 For purposes of implementing this Section, the State
27 Board shall assign a number to each charter submission it
28 receives under Section 27A-6 for its review and
29 certification, based on the chronological order in which the
30 submission is received by it, except that no number need be
31 assigned to a submission made with respect to a district-wide
32 charter school system and its charter schools established or
33 to be established under Section 27A-11.5. The State Board
34 shall promptly notify local school boards when the maximum
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1 numbers of certified charter schools authorized to operate
2 have been reached.
3 (c) No charter shall be granted under this Article that
4 would convert any existing private, parochial, or non-public
5 school to a charter school.
6 (d) Enrollment in a charter school shall be open to any
7 pupil who resides within the geographic boundaries of the
8 area served by the local school board. However, except in a
9 school district in which a district-wide charter school
10 system is established under Section 27A-11.5, no more than
11 50% of the number of resident pupils enrolled in any one
12 grade in a school district with only a single attendance
13 center covering that grade may be enrolled in a charter
14 school at one time.
15 (e) Nothing in this Article shall prevent 2 or more
16 local school boards from jointly issuing a charter to a
17 single shared charter school, provided that all of the
18 provisions of this Article are met as to those local school
19 boards.
20 (f) Except in a school district in which a district-wide
21 charter school system is established under Section 27A-11.5,
22 no local school board may shall require any employee of the
23 school district to be employed in a charter school.
24 (g) No local school board shall require any pupil
25 residing within the geographic boundary of its district to
26 enroll in a charter school.
27 (h) If there are more eligible applicants for enrollment
28 in a charter school that is not part of a district-wide
29 charter school system established under Section 27A-11.5 than
30 there are spaces available, successful applicants shall be
31 selected by lottery. However, priority shall be given to
32 siblings of pupils enrolled in any such the charter school
33 and to pupils who were enrolled in that the charter school
34 the previous school year, unless expelled for cause. Dual
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1 enrollment at both a charter school and another a public
2 school or a non-public school shall not be allowed. A pupil
3 who is suspended or expelled from a charter school, including
4 a charter school that forms a part of a district-wide charter
5 school system established under Section 27A-11.5, shall be
6 deemed to be suspended or expelled from all of the public
7 schools of the school district in which the pupil resides.
8 (i) No charter school established under this Article may
9 be authorized to open prior to the school year beginning in
10 the fall of 1996.
11 (Source: P.A. 89-450, eff. 4-10-96.)
12 (105 ILCS 5/27A-5)
13 Sec. 27A-5. Charter school; legal entity; requirements.
14 (a) A charter school shall be a public, nonsectarian,
15 nonreligious, non-home based, and non-profit school. A
16 charter school shall be organized and operated as a nonprofit
17 corporation or other discrete, legal, nonprofit entity
18 authorized under the laws of the State of Illinois.
19 (b) A charter school may be established under this
20 Article by creating a new school, or by converting an
21 existing public school or attendance center to charter school
22 status, or through the creation of a district-wide charter
23 school system under Section 27A-11.5.
24 (c) A charter school, including a charter school that
25 forms a part of a district-wide charter school system
26 established under Section 27A-11.5, shall be administered and
27 governed by its board of directors or other governing body in
28 the manner provided in its charter. The governing body of
29 each such a charter school shall be subject to the Freedom of
30 Information Act and the Open Meetings Act.
31 (d) A charter school, including a charter school that
32 forms a part of a district-wide charter school system
33 established under Section 27A-11.5, shall comply with all
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1 applicable health and safety requirements applicable to
2 public schools under the laws of the State of Illinois.
3 (e) Except as otherwise provided in the School Code, no
4 a charter school, including a charter school that forms a
5 part of a district-wide charter school system established
6 under Section 27A-11.5, shall not charge tuition; provided
7 that each such a charter school may charge reasonable fees
8 for textbooks, instructional materials, and student
9 activities.
10 (f) A charter school shall be responsible for the
11 management and operation of its fiscal affairs including, but
12 not limited to, the preparation of its budget, except that
13 under a district-wide charter school system established under
14 Section 27A-11.5 the local school board is responsible for
15 the management and operation of the fiscal affairs of each
16 charter school that forms a part of the district-wide charter
17 school system and for the preparation of the budget of that
18 system. An audit of the each charter school's finances of
19 each charter school or district-wide charter school system
20 shall be conducted annually by an outside, independent
21 contractor retained by the governing body of the charter
22 school or district-wide charter school system.
23 (g) A charter school, including a charter school that
24 forms a part of a district-wide charter school system
25 established under Section 27A-11.5, shall comply with all
26 provisions of this Article and its charter. Each such A
27 charter school is exempt from all other State laws and
28 regulations in the School Code governing public schools (and
29 each charter school that is not part of a district-wide
30 charter school system established under Section 27A-11.5 also
31 is exempt from all local school board policies), except the
32 following:
33 (1) Sections 10-21.9 and 34-18.5 of the School Code
34 regarding criminal background investigations of
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1 applicants for employment;
2 (2) Sections 24-24 and 34-84A of the School Code
3 regarding discipline of students;
4 (2.5) For a district-wide charter school system
5 established under Section 27A-11.5 and its charter
6 schools, Articles 14 and 14A relative to the education of
7 children with disabilities and gifted children and
8 Article 14C relative to transitional bilingual education
9 programs;
10 (3) The Local Governmental and Governmental
11 Employees Tort Immunity Act;
12 (4) Section 108.75 of the General Not For Profit
13 Corporation Act of 1986 regarding indemnification of
14 officers, directors, employees, and agents;
15 (5) The Abused and Neglected Child Reporting Act;
16 and
17 (6) The Illinois School Student Records Act.
18 (h) A charter school may negotiate and contract with a
19 school district, the governing body of a State college or
20 university or public community college, or any other public
21 or for-profit or nonprofit private entity for: (i) the use of
22 a school building and grounds or any other real property or
23 facilities that the charter school desires to use or convert
24 for use as a charter school site, (ii) the operation and
25 maintenance thereof, and (iii) the provision of any service,
26 activity, or undertaking that the charter school is required
27 to perform in order to carry out the terms of its charter.
28 Any services for which a charter school contracts with a
29 school district shall be provided by the district at cost.
30 Any services for which a charter school contracts with a
31 local school board or with the governing body of a State
32 college or university or public community college shall be
33 provided by the public entity at cost. The provisions of this
34 subsection are not applicable in a district-wide charter
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1 school system established under Section 27A-11.5 nor in the
2 charter schools that form a part of that system.
3 (i) In no event shall a charter school that is
4 established by converting an existing school or attendance
5 center to charter school status be required to pay rent for
6 space that is deemed available, as negotiated and provided in
7 the charter agreement, in school district facilities.
8 However, all other costs for the operation and maintenance of
9 school district facilities that are used by the charter
10 school shall be subject to negotiation between the charter
11 school and the local school board and shall be set forth in
12 the charter. The provisions of this subsection are not
13 applicable in a district-wide charter school system
14 established under Section 27A-11.5 nor in the charter schools
15 that form a part of that system.
16 (j) A charter school, including a charter school that
17 forms part of a district-wide charter school system
18 established under Section 27A-11.5, may limit student
19 enrollment by age or grade level.
20 (Source: P.A. 89-450, eff. 4-10-96.)
21 (105 ILCS 5/27A-6)
22 Sec. 27A-6. Contract contents; applicability of laws and
23 regulations.
24 (a) Except with respect to a charter school that forms a
25 part of a district-wide charter school system established
26 under Section 27A-11.5, a certified charter shall constitute
27 a binding contract and agreement between the charter school
28 and a local school board under the terms of which the local
29 school board authorizes the governing body of the charter
30 school to operate the charter school on the terms specified
31 in the contract. A certified charter applicable to the
32 charter schools that form a part of a district-wide charter
33 school system established under Section 27A-11.5 shall
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1 constitute a binding contract and agreement between the local
2 school board, as the governing body of the district-wide
3 charter school system, and the State Board under the terms of
4 which the State Board authorizes the local school board to
5 operate the charter schools that form a part of the
6 district-wide charter school system on the terms specified in
7 the contract.
8 (b) Notwithstanding any other provision of this Article,
9 the certified charter may not waive or release a the charter
10 school, including a charter school that forms a part of a
11 district-wide charter school system established under Section
12 27A-11.5, from the State goals, standards, and assessments
13 established pursuant to Section 2-3.64.
14 (c) Subject to the provisions of subsection (e), a
15 material revision to a previously certified contract or a
16 renewal shall be made with the approval of both the local
17 school board and the governing body of the charter school or,
18 in the case of a district wide charter school system, with
19 the approval of both the State Board and the local school
20 board.
21 (d) The proposed contract between the governing body of
22 a proposed charter school and the local school board as
23 described in Section 27A-7 must be submitted to and certified
24 by the State Board before it can take effect. A proposed
25 contract between a local school board, as the governing body
26 of a district-wide charter school system established under
27 Section 27A-11.5, and the State Board also must be submitted
28 to and certified by the State Board before it can take
29 effect. If the State Board recommends that the proposed
30 contract be modified for consistency with this Article before
31 it can be certified, the modifications must be consented to
32 by both the governing body of the charter school and the
33 local school board, or by the local school board alone in the
34 case of a proposed contract for the establishment of a
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1 district-wide charter school system under Section 27A-11.5,
2 and resubmitted to the State Board for its certification. If
3 the proposed contract is resubmitted in a form that is not
4 consistent with this Article, the State Board may refuse to
5 certify the charter.
6 The State Board shall assign a number to each submission
7 or resubmission in chronological order of receipt, and shall
8 determine whether the proposed contract is consistent with
9 the provisions of this Article. A number need not be assigned
10 to a submission made with respect to a district-wide charter
11 school system and its charter schools established or to be
12 established under Section 27A-11.5. If the proposed contract
13 complies, the State Board shall so certify.
14 (e) No material revision to a previously certified
15 contract or a renewal shall be effective unless and until the
16 State Board certifies that the revision or renewal is
17 consistent with the provisions of this Article.
18 (Source: P.A. 89-450, eff. 4-10-96.)
19 (105 ILCS 5/27A-7)
20 Sec. 27A-7. Charter submission.
21 (a) A proposal to establish a charter school shall be
22 submitted to the State Board and the local school board in
23 the form of a proposed contract entered into between the
24 local school board and the governing body of a proposed
25 charter school. The charter school proposal as submitted to
26 the State Board shall include:
27 (1) The name of the proposed charter school, which
28 must include the words "Charter School".
29 (2) The age or grade range, areas of focus, minimum
30 and maximum numbers of pupils to be enrolled in the
31 charter school, and any other admission criteria that
32 would be legal if used by a school district.
33 (3) A description of and address for the physical
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1 plant in which the charter school will be located;
2 provided that nothing in the Article shall be deemed to
3 justify delaying or withholding favorable action on or
4 approval of a charter school proposal because the
5 building or buildings in which the charter school is to
6 be located have not been acquired or rented at the time a
7 charter school proposal is submitted or approved or a
8 charter school contract is entered into or submitted for
9 certification or certified, so long as the proposal or
10 submission identifies and names at least 2 sites that are
11 potentially available as a charter school facility by the
12 time the charter school is to open.
13 (4) The mission statement of the charter school,
14 which must be consistent with the General Assembly's
15 declared purposes; provided that nothing in this Article
16 shall be construed to require that, in order to receive
17 favorable consideration and approval, a charter school
18 proposal demonstrate unequivocally that the charter
19 school will be able to meet each of those declared
20 purposes, it being the intention of the Charter Schools
21 Law that those purposes be recognized as goals that
22 charter schools must aspire to attain.
23 (5) The goals, objectives, and pupil performance
24 standards to be achieved by the charter school.
25 (6) In the case of a proposal to establish a
26 charter school by converting an existing public school or
27 attendance center to charter school status, evidence that
28 the proposed formation of the charter school has received
29 the approval of certified teachers, parents and
30 guardians, and, if applicable, a local school council as
31 provided in subsection (b) of Section 27A-8.
32 (7) A description of the charter school's
33 educational program, pupil performance standards,
34 curriculum, school year, school days, and hours of
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1 operation.
2 (8) A description of the charter school's plan for
3 evaluating pupil performance, the types of assessments
4 that will be used to measure pupil progress towards
5 achievement of the school's pupil performance standards,
6 the timeline for achievement of those standards, and the
7 procedures for taking corrective action in the event that
8 pupil performance at the charter school falls below those
9 standards.
10 (9) Evidence that the terms of the charter as
11 proposed are economically sound for both the charter
12 school and the school district, a proposed budget for the
13 term of the charter, a description of the manner in which
14 an annual audit of the financial and administrative
15 operations of the charter school, including any services
16 provided by the school district, are to be conducted, and
17 a plan for the displacement of pupils, teachers, and
18 other employees who will not attend or be employed in the
19 charter school.
20 (10) A description of the governance and operation
21 of the charter school, including the nature and extent of
22 parental, professional educator, and community
23 involvement in the governance and operation of the
24 charter school.
25 (11) An explanation of the relationship that will
26 exist between the charter school and its employees,
27 including evidence that the terms and conditions of
28 employment have been addressed with affected employees
29 and their recognized representative, if any. However, a
30 bargaining unit of charter school employees shall be
31 separate and distinct from any bargaining units formed
32 from employees of a school district in which the charter
33 school is located.
34 (12) An agreement between the parties regarding
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1 their respective legal liability and applicable insurance
2 coverage.
3 (13) A description of how the charter school plans
4 to meet the transportation needs of its pupils, and a
5 plan for addressing the transportation needs of
6 low-income and at-risk pupils.
7 (14) The proposed effective date and term of the
8 charter; provided that the first day of the first
9 academic year and the first day of the fiscal year shall
10 be no earlier than August 15 and no later than September
11 15 of a calendar year.
12 (15) Any other information reasonably required by
13 the State Board of Education.
14 (b) A proposal to establish a charter school may be
15 initiated by individuals or organizations that will have
16 majority representation on the board of directors or other
17 governing body of the corporation or other discrete legal
18 entity that is to be established to operate the proposed
19 charter school, or by the board of directors or other
20 governing body of a discrete legal entity already existing or
21 established to operate the proposed charter school. The
22 individuals or organizations referred to in this subsection
23 may be school teachers, school administrators, local school
24 councils, colleges or universities or their faculty members,
25 public community colleges or their instructors or other
26 representatives, corporations, or other entities or their
27 representatives. The proposal shall be submitted to the
28 local school board for consideration and, if appropriate, for
29 development of a proposed contract to be submitted to the
30 State Board for certification under Section 27A-6.
31 (c) The local school board may not without the consent
32 of the governing body of the charter school condition its
33 approval of a charter school proposal on acceptance of an
34 agreement to operate under State laws and regulations and
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1 local school board policies from which the charter school is
2 otherwise exempted under this Article.
3 (d) This Section does not apply to the establishment of
4 a district-wide charter school system or its charter schools
5 under Section 27A-11.5, and the form and content of a charter
6 submission that is submitted to the State Board on behalf of
7 a district-wide charter school system and its charter schools
8 as required by Section 27A-11.5 shall be governed solely by
9 the provisions of that Section.
10 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
11 (105 ILCS 5/27A-8)
12 Sec. 27A-8. Evaluation of charter proposals.
13 (a) In evaluating any charter school proposal submitted
14 to it, the local school board shall give preference to
15 proposals that:
16 (1) demonstrate a high level of local pupil,
17 parental, community, business, and school personnel
18 support;
19 (2) set rigorous levels of expected pupil
20 achievement and demonstrate feasible plans for attaining
21 those levels of achievement; and
22 (3) are designed to enroll and serve a substantial
23 proportion of at-risk children; provided that nothing in
24 the Charter Schools Law shall be construed as intended to
25 limit the establishment of charter schools to those that
26 serve a substantial portion of at-risk children or to in
27 any manner restrict, limit, or discourage the
28 establishment of charter schools that enroll and serve
29 other pupil populations under a nonexclusive,
30 nondiscriminatory admissions policy.
31 (b) In the case of a proposal to establish a charter
32 school by converting an existing public school or attendance
33 center to charter school status, evidence that the proposed
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1 formation of the charter school has received majority support
2 from certified teachers and from parents and guardians in the
3 school or attendance center affected by the proposed charter,
4 and, if applicable, from a local school council, shall be
5 demonstrated by a petition in support of the charter school
6 signed by certified teachers and a petition in support of the
7 charter school signed by parents and guardians and, if
8 applicable, by a vote of the local school council held at a
9 public meeting. In the case of all other proposals to
10 establish a charter school, evidence of sufficient support to
11 fill the number of pupil seats set forth in the proposal may
12 be demonstrated by a petition in support of the charter
13 school signed by parents and guardians of students eligible
14 to attend the charter school. In all cases, the individuals,
15 organizations, or entities who initiate the proposal to
16 establish a charter school may elect, in lieu of including
17 any petition referred to in this subsection as a part of the
18 proposal submitted to the local school board, to demonstrate
19 that the charter school has received the support referred to
20 in this subsection by other evidence and information
21 presented at the public meeting that the local school board
22 is required to convene under this Section.
23 (c) Within 45 days of receipt of a charter school
24 proposal, the local school board shall convene a public
25 meeting to obtain information to assist the board in its
26 decision to grant or deny the charter school proposal.
27 (d) Notice of the public meeting required by this
28 Section shall be published in a community newspaper published
29 in the school district in which the proposed charter is
30 located and, if there is no such newspaper, then in a
31 newspaper published in the county and having circulation in
32 the school district. The notices shall be published not more
33 than 10 days nor less than 5 days before the meeting and
34 shall state that information regarding a charter school
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1 proposal will be heard at the meeting. Copies of the notice
2 shall also be posted at appropriate locations in the school
3 or attendance center proposed to be established as a charter
4 school, the public schools in the school district, and the
5 local school board office.
6 (e) Within 30 days of the public meeting, the local
7 school board shall vote, in a public meeting, to either grant
8 or deny the charter school proposal.
9 (f) Within 7 days of the public meeting required under
10 subsection (e), the local school board shall file a report
11 with the State Board granting or denying the proposal. Within
12 14 days of receipt of the local school board's report, the
13 State Board shall determine whether the approved charter
14 proposal is consistent with the provisions of this Article
15 and, if the approved proposal complies, certify the proposal
16 pursuant to Section 27A-6.
17 (g) This Section does not apply to the establishment of
18 a district-wide charter school system or its charter schools
19 under Section 27A-11.5.
20 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
21 (105 ILCS 5/27A-9)
22 Sec. 27A-9. Term of charter; renewal.
23 (a) A charter may be granted for a period not less than
24 3 and not more than 5 school years. A charter may be renewed
25 in incremental periods not to exceed 5 school years.
26 (b) A charter school renewal proposal submitted to the
27 local school board shall contain:
28 (1) A report on the progress of the charter school
29 in achieving the goals, objectives, pupil performance
30 standards, content standards, and other terms of the
31 initial approved charter proposal; and
32 (2) A financial statement that discloses the costs
33 of administration, instruction, and other spending
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1 categories for the charter school that is understandable
2 to the general public and that will allow comparison of
3 those costs to other schools or other comparable
4 organizations, in a format required by the State Board.
5 (c) A charter may be revoked or not renewed if the local
6 school board clearly demonstrates that the charter school did
7 any of the following, or otherwise failed to comply with the
8 requirements of this law:
9 (1) Committed a material violation of any of the
10 conditions, standards, or procedures set forth in the
11 charter.
12 (2) Failed to meet or make reasonable progress
13 toward achievement of the content standards or pupil
14 performance standards identified in the charter.
15 (3) Failed to meet generally accepted standards of
16 fiscal management.
17 (4) Violated any provision of law from which the
18 charter school was not exempted.
19 (d) (Blank).
20 (e) Notice of a local school board's decision to deny,
21 revoke or not to renew a charter shall be provided to the
22 State Board. The State Board may reverse a local board's
23 decision if the State Board finds that the charter school or
24 charter school proposal (i) is in compliance with this
25 Article, and (ii) is in the best interests of the students it
26 is designed to serve. Final decisions of the State Board
27 shall be subject to judicial review under the Administrative
28 Review Law.
29 (f) Notwithstanding other provisions of this Article, if
30 the State Board on appeal reverses a local board's decision,
31 the State Board shall act as the authorized chartering entity
32 for the charter school. The State Board shall approve and
33 certify the charter and shall perform all functions under
34 this Article otherwise performed by the local school board.
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1 The State Board shall report the aggregate number of charter
2 school pupils resident in a school district to that district
3 and shall notify the district of the amount of funding to be
4 paid by the State Board to the charter school enrolling such
5 students. The State Board shall withhold from funds
6 otherwise due the district the funds authorized by this
7 Article to be paid to the charter school and shall pay such
8 amounts to the charter school.
9 (g) This Section does not apply to the term of the
10 charter of a district-wide charter school system and its
11 charter schools established under Section 27A-11.5 nor to the
12 conditions under which that charter may be revoked or
13 renewed. The term of any such charter and the conditions for
14 the revocation and renewal of that charter shall be governed
15 solely by the provisions of Section 27A-11.5.
16 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
17 (105 ILCS 5/27A-10)
18 Sec. 27A-10. Employees.
19 (a) A person shall be deemed to be employed by a charter
20 school unless a collective bargaining agreement or the
21 charter school contract otherwise provides. The provisions of
22 this subsection are not applicable in a district-wide charter
23 school system established under Section 27A-11.5 nor in the
24 charter schools that form a part of that system.
25 (b) In all school districts, including special charter
26 districts and districts located in cities having a population
27 exceeding 500,000, the local school board shall determine by
28 policy or by negotiated agreement, if one exists, the
29 employment status of any school district employees who are
30 employed by a charter school and who seek to return to
31 employment in the public schools of the district. Each local
32 school board shall grant, for a period of up to 5 years, a
33 leave of absence to those of its teachers who accept
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1 employment with a charter school. At the end of the
2 authorized leave of absence, the teacher must return to the
3 school district or resign; provided, however, that if the
4 teacher chooses to return to the school district, the teacher
5 must be assigned to a position which requires the teacher's
6 certification and legal qualifications. The contractual
7 continued service status and retirement benefits of a teacher
8 of the district who is granted a leave of absence to accept
9 employment with a charter school shall not be affected by
10 that leave of absence. The provisions of this subsection are
11 not applicable in a district-wide charter school system
12 established under Section 27A-11.5 nor in the charter schools
13 that form a part of that system.
14 (c) Charter schools, including charter schools that form
15 a part of a district-wide charter school system established
16 under Section 27A-11.5, shall employ in instructional
17 positions, as defined in the charter, individuals who are
18 certificated under Article 21 of the School Code or who
19 possess the following qualifications:
20 (i) graduated with a bachelor's degree from an
21 accredited institution of higher learning;
22 (ii) been employed for a period of at least 5 years
23 in an area requiring application of the individual's
24 education;
25 (iii) passed the tests of basic skills and subject
26 matter knowledge required by Section 21-1a of the School
27 Code; and
28 (iv) demonstrate continuing evidence of
29 professional growth which shall include, but not be
30 limited to, successful teaching experience, attendance at
31 professional meetings, membership in professional
32 organizations, additional credits earned at institutions
33 of higher learning, travel specifically for educational
34 purposes, and reading of professional books and
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1 periodicals.
2 Charter schools, including charter schools that form a
3 part of a district-wide charter school system established
4 under Section 27A-11.5, employing individuals without
5 certification in instructional positions shall provide such
6 mentoring, training, and staff development for those
7 individuals as the charter schools determine necessary for
8 satisfactory performance in the classroom.
9 Notwithstanding any other provisions of the School Code,
10 charter schools, including charter schools that form a part
11 of a district-wide charter school system established under
12 Section 27A-11.5, may employ non-certificated staff in all
13 other positions.
14 (d) A teacher at a charter school, including charter
15 schools that form a part of a district-wide charter school
16 system established under Section 27A-11.5, may resign his or
17 her position only if the teacher gives notice of resignation
18 to the charter school's governing body at least 60 days
19 before the end of the school term, and the resignation must
20 take effect immediately upon the end of the school term.
21 (Source: P.A. 89-450, eff. 4-10-96.)
22 (105 ILCS 5/27A-11)
23 Sec. 27A-11. Financing.
24 (a) For purposes of the School Code, pupils enrolled in
25 a charter school shall be included in the pupil enrollment of
26 the school district within which the pupil resides. Each
27 charter school (i) shall determine the school district in
28 which each pupil who is enrolled in the charter school
29 resides, (ii) shall report the aggregate number of pupils
30 resident of a school district who are enrolled in the charter
31 school to the school district in which those pupils reside,
32 and (iii) shall maintain accurate records of daily attendance
33 that shall be deemed sufficient to file claims under Section
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1 18-8 notwithstanding any other requirements of that Section
2 regarding hours of instruction and teacher certification.
3 (b) As part of a charter school contract, the charter
4 school and the local school board shall agree on funding and
5 any services to be provided by the school district to the
6 charter school. Agreed funding that a charter school is to
7 receive from the local school board for a school year shall
8 be paid in equal quarterly installments with the payment of
9 the installment for the first quarter being made not later
10 than July 1, unless the charter establishes a different
11 payment schedule.
12 All services centrally or otherwise provided by the
13 school district including, but not limited to, food services,
14 custodial services, maintenance, curriculum, media services,
15 libraries, transportation, and warehousing shall be subject
16 to negotiation between a charter school and the local school
17 board and paid for out of the revenues negotiated pursuant to
18 this subsection (b); provided that the local school board
19 shall not attempt, by negotiation or otherwise, to obligate a
20 charter school to provide pupil transportation for pupils for
21 whom a district is not required to provide transportation
22 under the criteria set forth in subsection (a)(13) of Section
23 27A-7.
24 In no event shall the funding be less than 75% or more
25 than 125% of the school district's per capita student tuition
26 multiplied by the number of students residing in the district
27 who are enrolled in the charter school.
28 It is the intent of the General Assembly that funding and
29 service agreements under this subsection (b) shall be neither
30 a financial incentive nor a financial disincentive to the
31 establishment of a charter school.
32 Fees collected from students enrolled at a charter school
33 shall be retained by the charter school.
34 (c) Notwithstanding subsection (b) of this Section, the
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1 proportionate share of State and federal resources generated
2 by students with disabilities or staff serving them shall be
3 directed to charter schools enrolling those students by their
4 school districts or administrative units. The proportionate
5 share of moneys generated under other federal or State
6 categorical aid programs shall be directed to charter schools
7 serving students eligible for that aid.
8 (d)(1) The governing body of a charter school, including
9 the charter schools that form a part of a district-wide
10 charter school system established under Section 27A-11.5, is
11 authorized to accept gifts, donations, or grants of any kind
12 made to the charter school and to expend or use gifts,
13 donations, or grants in accordance with the conditions
14 prescribed by the donor; however, a gift, donation, or grant
15 may not be accepted by the governing body if it is subject to
16 any condition contrary to applicable law or contrary to the
17 terms of the contract between the charter school and the
18 local school board. Charter schools, including the charter
19 schools that form a part of a district-wide charter school
20 system established under Section 27A-11.5, shall be
21 encouraged to solicit and utilize community volunteer
22 speakers and other instructional resources when providing
23 instruction on the Holocaust and other historical events.
24 (2) From amounts appropriated to the State Board for
25 purposes of this subsection (d)(2), the State Board may make
26 loans to charter schools established under this Article to be
27 used by those schools to defer their start-up costs of
28 acquiring textbooks and laboratory and other equipment
29 required for student instruction. Any such loan shall be made
30 to a charter school at the inception of the term of its
31 charter, under terms established by the State Board, and
32 shall be repaid by the charter school over the term of its
33 charter.
34 (e) No later than January 1, 1997, the State Board shall
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1 issue a report to the General Assembly and the Governor
2 describing the charter schools certified under this Article,
3 their geographic locations, their areas of focus, and the
4 numbers of school children served by them.
5 (f) The State Board shall provide technical assistance
6 to persons and groups preparing or revising charter
7 applications.
8 (g) At the non-renewal or revocation of its charter,
9 each charter school shall refund to the local board of
10 education all unspent funds.
11 (h) A charter school is authorized to incur temporary,
12 short term debt to pay operating expenses in anticipation of
13 receipt of funds from the local school board.
14 (i) Except as otherwise provided in part (1) of
15 subsection (d) of this Section, the provisions of this
16 Section are not applicable in a district-wide charter school
17 system established under Section 27A-11.5 or in the charter
18 schools that form a part of that system.
19 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
20 (105 ILCS 5/27A-11.5 new)
21 (a) This Section applies only in a district-wide
22 charter school system established as provided in this Section
23 and to the charter schools that form a part of that system.
24 Except as otherwise provided in this or any other Section of
25 the Charter Schools Law, a district-wide charter school
26 system, its charter schools, and the local school board of
27 the school district in which that system is established, as
28 the governing body of that system and each of its charter
29 schools, have all of the rights and duties and are subject to
30 the same limitations as are provided in the Charter Schools
31 Law for other charter schools and their governing bodies.
32 (b) The local school board of a school district that for
33 any school year receives less than 15% of its aggregate
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1 revenue for that school year from general and supplemental
2 State aid payments and grants and other financial assistance
3 distributed to the district under Article 18 of the School
4 Code, by resolution, may elect to establish a district-wide
5 charter school system within the district for the immediately
6 succeeding school year.
7 (c) For purposes of this Section, a school year shall be
8 deemed to commence on September 1 and end on the ensuing
9 August 31, but the aggregate revenue that a school district
10 shall be deemed to receive for that school year shall be
11 equal to (i) all amounts received by the school district
12 during the 12-month period that commences on August 1 of the
13 calendar year in which that school year commences from the
14 levy of taxes by the district upon real property, without
15 regard to the calendar or school years in or for which those
16 real property taxes are levied, plus (ii) all general and
17 supplemental State aid payments and grants, together with all
18 other financial assistance, distributed to the school
19 district under Article 18 of the School Code during the
20 12-month period that commences on August 1 of the calendar
21 year in which that school year commences.
22 (d) If a district-wide charter school system is
23 established within a school district for any school year as
24 provided in this Section, then (i) each attendance center
25 within the district shall constitute and be operated as a
26 charter school for that school year, and (ii) the local
27 school board shall serve as the governing body of the
28 district-wide charter school system and each of the charter
29 schools that form a part of that system.
30 (e) Before a local school board that is eligible under
31 subsection (b) to establish a district-wide charter school
32 system may adopt a resolution establishing such system within
33 the school district for any school year, the local school
34 board shall convene a public meeting to obtain information to
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1 assist it in determining whether the resolution should be
2 adopted. The public meeting shall be held not more than 60
3 nor less than 45 days before commencement of the school year
4 for which the district-wide charter school system may be
5 established. Notice that information regarding the question
6 of whether a district-wide charter school system should be
7 established within the school district for the ensuing school
8 year will be heard at the public meeting shall be published
9 by the local school board not more than 10 nor less than 5
10 days before the meeting in a community newspaper published in
11 the district, or if there is no such newspaper, then in a
12 newspaper that is published in the county in which the
13 district is located and that has circulation within the
14 district. Copies of the notice shall also be posted on the
15 front door of each attendance center within the district and
16 in the office of the local school board.
17 (f) The resolution of a local school board to establish
18 a district-wide charter school system within the school
19 district for any school year shall be adopted, if at all, on
20 or after the date of the public meeting but in no event later
21 than 30 days before commencement of the school year for which
22 the district-wide charter school system is to be established.
23 Upon or after adoption of the resolution, but not later than
24 30 days before commencement of the school year for which the
25 district-wide charter school system is to be established, the
26 local school board shall submit its proposal to establish
27 that system for the ensuing school year to the State Board.
28 The form of the submission shall be as provided in subsection
29 (h) of this Section.
30 (g) Within 14 days after receiving a local school
31 board's proposal to establish a district-wide charter school
32 system within a school district for the ensuing school year,
33 the State Board shall determine (i) that the local school
34 board is eligible to establish a district-wide charter school
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1 system within the district for that school year under the
2 requirements of subsection (b), (ii) that the resolution to
3 establish the district-wide charter school system for the
4 ensuing school year has been adopted by the local school
5 board in accordance with the provisions of this Section, and
6 (iii) that the proposal as submitted is consistent with the
7 provisions of this Section and any other applicable
8 provisions of the Charter Schools Law. If the conditions
9 relative to eligibility and adoption of the resolution
10 specified in items (i) and (ii) of this subsection are met
11 and if the proposal as submitted is consistent with the
12 provisions of this Section and any other applicable
13 provisions of the Charter Schools Law, the State Board shall
14 certify the proposal pursuant to Section 27A-6 and grant the
15 charter authorizing establishment of the district-wide
16 charter school system and the operation of each attendance
17 center within the district as a charter school for the
18 ensuing school year.
19 (h) A proposal to establish a district-wide charter
20 school system under which each attendance center in the
21 school district in which the system is to be established
22 operates as a charter school shall be submitted to the State
23 Board in the form of a proposed contract entered into between
24 the State Board and the local school board of that school
25 district, as the governing body of the district-wide charter
26 school system and its charter schools. The proposal as
27 submitted to the State Board shall include:
28 (1) The name of the proposed district-wide charter
29 school system and the school year for which the system
30 and its charter schools are to be established.
31 (2) The age or grade range, areas of focus, minimum
32 and maximum numbers of pupils to be enrolled in each of
33 the charter schools of the district-wide charter school
34 system, and any other admission criteria that would be
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1 legal if used by a school district.
2 (3) A description of and address for the physical
3 facilities in which the charter schools of the
4 district-wide charter school system will be located;
5 provided that nothing in the Charter Schools Law shall be
6 deemed to justify delaying or withholding favorable
7 action on or approval of a district-wide charter school
8 system proposal submitted under this Section because the
9 building or buildings in which any charter school forming
10 a part of that system is to be located have not been
11 acquired or rented at the time the proposal is submitted
12 for certification or certified.
13 (4) The mission statement of the district-wide
14 charter school system and its charter schools, which must
15 be consistent with the General Assembly's declared
16 purposes; provided that nothing in the Charter Schools
17 Law shall be construed to require that, in order to be
18 certified as provided in Section 27A-6, a district-wide
19 charter school system proposal submitted under this
20 Section 27A-11.5 demonstrate that the system or its
21 charter schools will be able to meet each of those
22 declared purposes, it being the intention of the Charter
23 Schools Law that those purposes be recognized as goals
24 that the system and its charter schools must aspire to
25 attain.
26 (5) The goals, objectives, and pupil performance
27 standards to be achieved by the district-wide charter
28 school system and its charter schools.
29 (6) A description of the educational program, pupil
30 performance standards, curriculum, school year, school
31 days, and hours of operation for each of the charter
32 schools that form a part of the district-wide charter
33 school system.
34 (7) A description of the district-wide charter
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1 school system's plan for evaluating pupil performance at
2 its charter schools, the types of assessments that will
3 be used to measure pupil progress towards achievement of
4 the applicable pupil performance standards, the timeline
5 for achievement of those standards, and the procedures
6 for taking corrective action in the event that pupil
7 performance at any of the charter schools that form a
8 part of the district-wide charter school system falls
9 below those standards.
10 (8) Evidence that the terms of the charter as
11 proposed to be granted to the district-wide charter
12 school system and its charter schools are economically
13 sound for both the system and each of its charter
14 schools, a preliminary budget for the school year for
15 which the system and its charter schools are to be
16 established, a description of the manner in which an
17 annual audit of the financial and administrative
18 operations of the system and its charter schools are to
19 be conducted, and a plan for the displacement of any
20 teachers or other employees who will not be employed in
21 the charter school. However, the provisions of Article 17
22 relating to the adoption of an annual, additional, or
23 supplemental budget in school districts with a population
24 under 500,000 or the provisions of Article 34 relating to
25 the adoption of an annual, additional, or supplemental
26 budget in a school district with a population of 500,000
27 or more, as the case may be, shall continue to apply in,
28 and to the local school board as the governing body of, a
29 district-wide charter school system established within a
30 school district that has such a population.
31 (9) A description of the governance,
32 administration, and operation of the district-wide
33 charter school system and its charter schools, including
34 the nature and extent of parental, professional educator,
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1 and community involvement in the administration and
2 operation of the system and its charter schools.
3 (10) An explanation of the relationship that will
4 exist between the district-wide charter school system and
5 its employees, including evidence that the terms and
6 conditions of employment have been addressed with
7 affected employees and their recognized representative,
8 if any.
9 (11) A description of how the district-wide charter
10 school system plans to meet the transportation needs of
11 its pupils, and a plan for addressing the transportation
12 needs of low-income and at-risk pupils.
13 (12) Any other information reasonably required by
14 the State Board of Education.
15 The local school board shall include with the proposal as
16 submitted to the State Board evidence substantiating that,
17 for the school year immediately preceding the school year for
18 which the district-wide charter school system is to be
19 established, the district is receiving less than 15% of its
20 aggregate revenue from general and supplemental State aid
21 payments and grants and other financial assistance
22 distributed under Article 18 of the School Code.
23 (i) An initial or renewal charter that is granted under
24 this Section for the establishment within a school district
25 for any school year of a district-wide charter school system
26 and its charter schools shall be renewed for a succeeding
27 school year if (i) for the school year immediately preceding
28 that succeeding school year the school district in which the
29 district-wide charter school system again is to be
30 established receives less than 15% of its aggregate revenue
31 from general and supplemental State aid payments and grants
32 and other financial assistance distributed under Article 18
33 of the School Code, (ii) the local school board of that
34 district, within the times and in the manner provided by
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1 subsections (e) and (f), publishes notice and convenes a
2 public meeting concerning, and adopts a resolution and
3 submits to the State Board a proposal for, the renewal of the
4 charter and establishment of the district-wide charter school
5 system and its charter schools within the district for that
6 succeeding school year, and (iii) the proposal for the
7 renewal of the charter and establishment of the district-wide
8 charter school system and its charter schools within the
9 district for that succeeding school year complies with the
10 requirements of subsection (h) and is consistent with all
11 other provisions of this Section and any other applicable
12 provisions of the School Code.
13 The local school board shall include with its
14 district-wide charter school system renewal proposal: (1) a
15 report on the progress of the district-wide charter school
16 system and its charter schools in achieving the goals,
17 objectives, pupil performance standards, content standards,
18 and other terms of the most recently approved charter
19 proposal; and (2) a financial statement that discloses the
20 costs of administration, instruction, and other spending
21 categories for the district-wide charter school system and
22 its charter schools that is understandable to the general
23 public and that will allow comparison of those costs to other
24 schools or other comparable organizations, in a format
25 required by the State Board.
26 A charter granted for the establishment of a
27 district-wide charter school system and its charter schools
28 may be revoked or not renewed if the State Board clearly
29 demonstrates that the system or its charter schools did any
30 of the following, or otherwise failed to comply with any
31 applicable requirements of the Charter Schools Law:
32 (1) Committed a material violation of any of the
33 conditions, standards, or procedures set forth in the
34 charter.
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1 (2) Failed to meet or make reasonable progress
2 toward achievement of the content standards or pupil
3 performance standards identified in the charter.
4 (3) Failed to meet generally accepted standards of
5 fiscal management.
6 (4) Violated any provision of law from which the
7 charter school was not exempted.
8 Final decisions of the State Board to deny, revoke, or
9 not renew a charter under this Section are subject to
10 judicial review under the Administrative Review Law.
11 (j) Notwithstanding any other provisions of this or any
12 other Section of the Charter Schools Law, the establishment
13 of a district-wide charter school system and its charter
14 schools within a school district for any school year does not
15 affect the status of that district for that or any other
16 school year as a public school district: (i) that is
17 governed by a local school board elected or appointed in
18 accordance with those provisions of the School Code otherwise
19 applicable to the selection of school board members in that
20 district; (ii) that is entitled to receive State and federal
21 aid, financial assistance, and reimbursements on the same
22 basis as all other school districts in the State; (iii) that,
23 through its local school board, is authorized to enter into
24 contracts and leases, levy taxes, and incur debt by the
25 issuance of bonds and other long-term obligations in
26 accordance with those provisions of the School Code that are
27 applicable to the contracts, leases, taxes, and long-term
28 debt obligations of all other school districts in the State
29 of the same type; and (iv) that, through its local school
30 board, is authorized to exercise all other powers that are
31 exercisable by school districts generally, that may be
32 requisite or proper for the maintenance and development of
33 the district-wide charter school system and its charter
34 schools, and that are not inconsistent with the terms of the
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1 charter granted to the district-wide charter school system or
2 with other applicable provisions of this Article.
3 Nothing in this subsection shall be construed to
4 authorize a charter school that forms a part of a
5 district-wide charter school system to: (i) fail to comply
6 with the provisions of the charter granted to that system and
7 its charter schools or with any other applicable provision of
8 this Article; (ii) exempt such a charter school from those
9 laws or requirements to which all charter schools are subject
10 or with which all charter schools are required to comply as
11 provided in subsection (a) of Section 27A-4, subsections (c)
12 through (f) of Section 27A-5, and subsection (b) of Section
13 27A-6; or (iii) exempt such a charter school from the laws
14 specified in items (1) through (6) of subsection (g) of
15 Section 27A-5; but a charter school that forms a part of a
16 district-wide charter school system shall be exempt from all
17 other State laws and regulations in the School Code governing
18 public schools to the same extent as all other charter
19 schools unless otherwise provided in this Section 27A-11.5 or
20 in the charter granted to the district-wide charter school
21 system of which the charter school forms a part.
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1 INDEX
2 Statutes amended in order of appearance
3 105 ILCS 5/27A-3
4 105 ILCS 5/27A-4
5 105 ILCS 5/27A-5
6 105 ILCS 5/27A-6
7 105 ILCS 5/27A-7
8 105 ILCS 5/27A-8
9 105 ILCS 5/27A-9
10 105 ILCS 5/27A-10
11 105 ILCS 5/27A-11
12 105 ILCS 5/27A-11.5 new