Bill Text: IL HB0209 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Charter Schools Law of the School Code. In a provision allowing a charter to be revoked or not renewed, provides that if the charter school committed a material violation of any of the conditions, standards, or procedures set forth in the charter, failed to meet generally accepted standards of fiscal management, or violated any provision of law from which the charter school was not exempted, then the local school board or the State Board of Education as the chartering entity shall notify the charter school in writing of the reason why the charter is subject to revocation or nonrenewal, and the charter school shall submit a written plan to the local school board or State Board to rectify the problem and shall begin implementation of the plan within one calendar year after notification. Provides that if the charter school failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter, then the charter school must be held to the terms as written in the charter. Provides that if the local school board or State Board as the chartering entity finds that the charter school has not rectified the problem, then the charter must be revoked or not renewed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB0209 Detail]

Download: Illinois-2009-HB0209-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0209 Introduced 1/20/2009, by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-9
30 ILCS 805/8.33 new
Amends the Charter Schools Law of the School Code. In a provision allowing a charter to be revoked or not renewed, provides that if the charter school committed a material violation of any of the conditions, standards, or procedures set forth in the charter, failed to meet generally accepted standards of fiscal management, or violated any provision of law from which the charter school was not exempted, then the local school board or the State Board of Education as the chartering entity shall notify the charter school in writing of the reason why the charter is subject to revocation or nonrenewal, and the charter school shall submit a written plan to the local school board or State Board to rectify the problem and shall begin implementation of the plan within one calendar year after notification. Provides that if the charter school failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter, then the charter school must be held to the terms as written in the charter. Provides that if the local school board or State Board as the chartering entity finds that the charter school has not rectified the problem, then the charter must be revoked or not renewed.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
27A-9 as follows:
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) A charter may be granted for a period not less than 5
and not more than 10 school years. A charter may be renewed in
incremental periods not to exceed 5 school years.
(b) A charter school renewal proposal submitted to the
local school board or State Board, as the chartering entity,
shall contain:
(1) A report on the progress of the charter school in
achieving the goals, objectives, pupil performance
standards, content standards, and other terms of the
initial approved charter proposal; and
(2) A financial statement that discloses the costs of
administration, instruction, and other spending categories
for the charter school that is understandable to the
general public and that will allow comparison of those
costs to other schools or other comparable organizations,
in a format required by the State Board.

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(c) A charter may be revoked or not renewed if the local
school board or State Board, as the chartering entity, clearly
demonstrates that the charter school did any of the following,
or otherwise failed to comply with the requirements of this
law:
(1) Committed a material violation of any of the
conditions, standards, or procedures set forth in the
charter, in which case the local school board or State
Board, as the chartering entity, shall notify the charter
school in writing of the reason why the charter is subject
to revocation or nonrenewal, and the charter school shall
submit a written plan to the local school board or State
Board, whichever is applicable, to rectify the problem and
begin implementation of the plan within one calendar year
after notification.
(2) Failed to meet or make reasonable progress toward
achievement of the content standards or pupil performance
standards identified in the charter, in which case the
charter school must be held to the terms as written in the
charter.
(3) Failed to meet generally accepted standards of
fiscal management, in which case the local school board or
State Board, as the chartering entity, shall notify the
charter school in writing of the reason why the charter is
subject to revocation or nonrenewal, and the charter school
shall submit a written plan to the local school board or

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State Board, whichever is applicable, to rectify the
problem and begin implementation of the plan within one
calendar year after notification.
(4) Violated any provision of law from which the
charter school was not exempted, in which case the local
school board or State Board, as the chartering entity,
shall notify the charter school in writing of the reason
why the charter is subject to revocation or nonrenewal, and
the charter school shall submit a written plan to the local
school board or State Board, whichever is applicable, to
rectify the problem and begin implementation of the plan
within one calendar year after notification.
If the local school board or State Board, as the chartering
entity, finds that the charter school has not rectified the
problem, then the charter must be revoked or not renewed.
(d) (Blank).
(e) Notice of a local school board's decision to deny,
revoke or not to renew a charter shall be provided to the State
Board. The State Board may reverse a local board's decision if
the State Board finds that the charter school or charter school
proposal (i) is in compliance with this Article, and (ii) is in
the best interests of the students it is designed to serve. The
State Board may condition the granting of an appeal on the
acceptance by the charter school of funding in an amount less
than that requested in the proposal submitted to the local
school board. Final decisions of the State Board shall be

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subject to judicial review under the Administrative Review Law.
(f) Notwithstanding other provisions of this Article, if
the State Board on appeal reverses a local board's decision or
if a charter school is approved by referendum, the State Board
shall act as the authorized chartering entity for the charter
school. The State Board shall approve and certify the charter
and shall perform all functions under this Article otherwise
performed by the local school board. The State Board shall
report the aggregate number of charter school pupils resident
in a school district to that district and shall notify the
district of the amount of funding to be paid by the State Board
to the charter school enrolling such students. The State Board
shall require the charter school to maintain accurate records
of daily attendance that shall be deemed sufficient to file
claims under Section 18-8.05 notwithstanding any other
requirements of that Section regarding hours of instruction and
teacher certification. The State Board shall withhold from
funds otherwise due the district the funds authorized by this
Article to be paid to the charter school and shall pay such
amounts to the charter school.
(Source: P.A. 91-96, eff. 7-9-99; 91-407, eff. 8-3-99; 92-16,
eff. 6-28-01.)
Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:

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(30 ILCS 805/8.33 new)
Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of