Bill Text: IL HB0809 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Charter Schools Law of the School Code. Provides that the State Charter School Commission has no authority to renew a charter, and removes provisions allowing the Commission to reverse a school board's decision to deny, revoke, or not renew a charter; makes related changes. Provides that if a charter school applicant submits a proposal to a school board outside of the process adopted by that school board for receiving charter school proposals on an annual basis, the applicant shall not have any right to submit its proposal to the Commission as otherwise authorized. Allows the Commission to approve an application for a charter if certain conditions are met. Provides that the Commission may condition approval of an application on the acceptance of funding in an amount less than requested. Provides that final decisions of the Commission are subject to judicial review under the Administrative Review Law. Provides that if the Commission approves an application for a charter school, then the Commission shall act as the authorized chartering entity. Provides that if the Commission is the authorized chartering entity, then the Commission shall execute a charter agreement (instead of approve the charter agreement). Provides that the Commission has no authority to approve a charter school proposal that has been denied by a school board. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0809 Detail]

Download: Illinois-2019-HB0809-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0809 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
105 ILCS 5/27A-3
105 ILCS 5/27A-7.5
105 ILCS 5/27A-7.10
105 ILCS 5/27A-8
105 ILCS 5/27A-9
Amends the Charter Schools Law of the School Code. Provides that the State Charter School Commission has no authority to renew a charter, and removes provisions allowing the Commission to reverse a school board's decision to deny, revoke, or not renew a charter; makes related changes. Provides that if a charter school applicant submits a proposal to a school board outside of the process adopted by that school board for receiving charter school proposals on an annual basis, the applicant shall not have any right to submit its proposal to the Commission as otherwise authorized. Allows the Commission to approve an application for a charter if certain conditions are met. Provides that the Commission may condition approval of an application on the acceptance of funding in an amount less than requested. Provides that final decisions of the Commission are subject to judicial review under the Administrative Review Law. Provides that if the Commission approves an application for a charter school, then the Commission shall act as the authorized chartering entity. Provides that if the Commission is the authorized chartering entity, then the Commission shall execute a charter agreement (instead of approve the charter agreement). Provides that the Commission has no authority to approve a charter school proposal that has been denied by a school board. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
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 Sections
27A-3, 27A-7.5, 27A-7.10, 27A-8, and 27A-9 as follows:
(105 ILCS 5/27A-3)
Sec. 27A-3. Definitions. For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical,
emotional, socioeconomic, or cultural factors, is less likely
to succeed in a conventional educational environment.
"Authorizer" means an entity authorized under this Article
to review applications, decide whether to approve or reject
applications, enter into charter contracts with applicants,
oversee charter schools, and decide whether to renew or , not
renew a charter unless otherwise prohibited under this Article,
and decide whether to , or revoke a charter.
"Commission" means the State Charter School Commission
established under Section 27A-7.5 of this Code.
"Local school board" means the duly elected or appointed
school board or board of education of a public school district,
including special charter districts and school districts
located in cities having a population of more than 500,000,
organized under the laws of this State.

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"State Board" means the State Board of Education.
(Source: P.A. 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-7.5)
Sec. 27A-7.5. State Charter School Commission.
(a) A State Charter School Commission is established as an
independent commission with statewide chartering jurisdiction
and authority. The Commission shall be under the State Board
for administrative purposes only.
(a-5) The State Board shall provide administrative support
to the Commission as needed.
(b) The Commission is responsible for authorizing
high-quality charter schools throughout this State,
particularly schools designed to expand opportunities for
at-risk students, consistent with the purposes of this Article.
(c) The Commission shall consist of 9 members, appointed by
the State Board. The State Board shall make these appointments
from a slate of candidates proposed by the Governor, within 60
days after the effective date of this amendatory Act of the
97th General Assembly with respect to the initial Commission
members. In making the appointments, the State Board shall
ensure statewide geographic diversity among Commission
members. The Governor shall propose a slate of candidates to
the State Board within 60 days after the effective date of this
amendatory Act of the 97th General Assembly and 60 days prior
to the expiration of the term of a member thereafter. If the

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Governor fails to timely propose a slate of candidates
according to the provisions of this subsection (c), then the
State Board may appoint the member or members of the
Commission.
(d) Members appointed to the Commission shall collectively
possess strong experience and expertise in public and nonprofit
governance, management and finance, public school leadership,
higher education, assessments, curriculum and instruction, and
public education law. All members of the Commission shall have
demonstrated understanding of and a commitment to public
education, including without limitation charter schooling. At
least 3 members must have past experience with urban charter
schools.
(e) To establish staggered terms of office, the initial
term of office for 3 Commission members shall be 4 years and
thereafter shall be 4 years; the initial term of office for
another 3 members shall be 3 years and thereafter shall be 4
years; and the initial term of office for the remaining 3
members shall be 2 years and thereafter shall be 4 years. The
initial appointments must be made no later than October 1,
2011.
(f) Whenever a vacancy on the Commission exists, the State
Board shall appoint a member for the remaining portion of the
term.
(g) Subject to the State Officials and Employees Ethics
Act, the Commission is authorized to receive and expend gifts,

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grants, and donations of any kind from any public or private
entity to carry out the purposes of this Article, subject to
the terms and conditions under which they are given, provided
that all such terms and conditions are permissible under law.
Funds received under this subsection (g) must be deposited into
the State Charter School Commission Fund.
The State Charter School Commission Fund is created as a
special fund in the State treasury. All money in the Fund shall
be used, subject to appropriation, by the State Board, acting
on behalf and with the consent of the Commission, for
operational and administrative costs of the Commission.
Subject to appropriation, any funds appropriated for use by
the State Board, acting on behalf and with the consent of the
Commission, may be used for the following purposes, without
limitation: personal services, contractual services, and other
operational and administrative costs. The State Board is
further authorized to make expenditures with respect to any
other amounts deposited in accordance with law into the State
Charter School Commission Fund.
(g-5) Funds or spending authority for the operation and
administrative costs of the Commission shall be appropriated to
the State Board in a separate line item. The State
Superintendent of Education may not reduce or modify the budget
of the Commission or use funds appropriated to the Commission
without the approval of the Commission.
(h) The Commission shall operate with dedicated resources

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and staff qualified to execute the day-to-day responsibilities
of charter school authorizing in accordance with this Article.
The Commission may employ and fix the compensation of such
employees and technical assistants as it deems necessary to
carry out its powers and duties under this Article, without
regard to the requirements of any civil service or personnel
statute; and may establish and administer standards of
classification of all such persons with respect to their
compensation, duties, performance, and tenure and enter into
contracts of employment with such persons for such periods and
on such terms as the Commission deems desirable.
(i) Every 2 years, the Commission shall provide to the
State Board and local school boards a report on best practices
in charter school authorizing, including without limitation
evaluating applications, oversight of charters, and renewal of
charter schools.
(j) The Commission may charge a charter school that it
authorizes a fee, not to exceed 3% of the revenue provided to
the school, to cover the cost of undertaking the ongoing
administrative responsibilities of the eligible chartering
authority with respect to the school. This fee must be
deposited into the State Charter School Commission Fund.
(k) Any charter school authorized by the State Board prior
to this amendatory Act of the 97th General Assembly shall have
its authorization transferred to the Commission upon a vote of
the State Board, which shall then become the school's

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authorizer for all purposes under this Article. However, in no
case shall such transfer take place later than July 1, 2012. At
this time, all of the powers, duties, assets, liabilities,
contracts, property, records, and pending business of the State
Board as the school's authorizer must be transferred to the
Commission. Any charter school authorized by a local school
board or boards may seek transfer of authorization to the
Commission during its current term only with the approval of
the local school board or boards. At the end of its charter
term, a charter school authorized by a local school board or
boards must reapply to the board or boards before it may apply
for authorization to the Commission under the terms of this
amendatory Act of the 97th General Assembly.
On the effective date of this amendatory Act of the 97th
General Assembly, all rules of the State Board applicable to
matters falling within the responsibility of the Commission
shall be applicable to the actions of the Commission. The
Commission shall thereafter have the authority to propose to
the State Board modifications to all rules applicable to
matters falling within the responsibility of the Commission.
The State Board shall retain rulemaking authority for the
Commission, but shall work jointly with the Commission on any
proposed modifications. Upon recommendation of proposed rule
modifications by the Commission and pursuant to the Illinois
Administrative Procedure Act, the State Board shall consider
such changes within the intent of this amendatory Act of the

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97th General Assembly and grant any and all changes consistent
with that intent.
(l) (Blank). The Commission shall have the responsibility
to consider appeals under this Article immediately upon
appointment of the initial members of the Commission under
subsection (c) of this Section. Appeals pending at the time of
initial appointment shall be determined by the Commission; the
Commission may extend the time for review as necessary for
thorough review, but in no case shall the extension exceed the
time that would have been available had the appeal been
submitted to the Commission on the date of appointment of its
initial members. In any appeal filed with the Commission under
this Article, both the applicant and the school district in
which the charter school plans to locate shall have the right
to request a hearing before the Commission. If more than one
entity requests a hearing, then the Commission may hold only
one hearing, wherein the applicant and the school district
shall have an equal opportunity to present their respective
positions.
(Source: P.A. 97-152, eff. 7-20-11; 97-641, eff. 12-19-11;
97-1156, eff. 1-25-13.)
(105 ILCS 5/27A-7.10)
Sec. 27A-7.10. Authorizer powers and duties; immunity;
principles and standards.
(a) Authorizers are responsible for executing, in

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accordance with this Article, all of the following powers and
duties:
(1) Soliciting and evaluating charter applications.
(2) Approving quality charter applications that meet
identified educational needs and promote a diversity of
educational choices.
(3) Declining to approve weak or inadequate charter
applications.
(4) Negotiating and executing sound charter contracts
with each approved charter school.
(5) Monitoring, in accordance with charter contract
terms, the performance and legal compliance of charter
schools.
(6) Determining whether each charter contract merits
renewal or , nonrenewal, unless the authorizer is the
Commission, or merits revocation. The Commission has no
authority to renew a charter.
(b) An authorizing entity may delegate its duties to
officers, employees, and contractors.
(c) Regulation by authorizers is limited to the powers and
duties set forth in subsection (a) of this Section and must be
consistent with the spirit and intent of this Article.
(d) An authorizing entity, members of the local school
board, or the Commission, in their official capacity, and
employees of an authorizer are immune from civil and criminal
liability with respect to all activities related to a charter

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school that they authorize, except for willful or wanton
misconduct.
(e) The Commission and all local school boards that have a
charter school operating are required to develop and maintain
chartering policies and practices consistent with recognized
principles and standards for quality charter authorizing in all
major areas of authorizing responsibility, including all of the
following:
(1) Organizational capacity and infrastructure.
(2) Soliciting and evaluating charter applications.
(3) Performance contracting.
(4) Ongoing charter school oversight and evaluation.
(5) Charter renewal decision-making.
Authorizers shall carry out all their duties under this
Article in a manner consistent with nationally recognized
principles and standards and with the spirit and intent of this
Article.
(Source: P.A. 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-8)
Sec. 27A-8. Evaluation of charter proposals.
(a) This Section does not apply to a charter school
established by referendum under Section 27A-6.5. In evaluating
any charter school proposal submitted to it, the local school
board and the Commission shall give preference to proposals
that:

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(1) demonstrate a high level of local pupil, parental,
community, business, and school personnel support;
(2) set rigorous levels of expected pupil achievement
and demonstrate feasible plans for attaining those levels
of achievement; and
(3) are designed to enroll and serve a substantial
proportion of at-risk children; provided that nothing in
the Charter Schools Law shall be construed as intended to
limit the establishment of charter schools to those that
serve a substantial portion of at-risk children or to in
any manner restrict, limit, or discourage the
establishment of charter schools that enroll and serve
other pupil populations under a nonexclusive,
nondiscriminatory admissions policy.
(b) In the case of a proposal to establish a charter school
by converting an existing public school or attendance center to
charter school status, evidence that the proposed formation of
the charter school has received majority support from certified
teachers and from parents and guardians in the school or
attendance center affected by the proposed charter, and, if
applicable, from a local school council, shall be demonstrated
by a petition in support of the charter school signed by
certified teachers and a petition in support of the charter
school signed by parents and guardians and, if applicable, by a
vote of the local school council held at a public meeting. In
the case of all other proposals to establish a charter school,

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evidence of sufficient support to fill the number of pupil
seats set forth in the proposal may be demonstrated by a
petition in support of the charter school signed by parents and
guardians of students eligible to attend the charter school. In
all cases, the individuals, organizations, or entities who
initiate the proposal to establish a charter school may elect,
in lieu of including any petition referred to in this
subsection as a part of the proposal submitted to the local
school board, to demonstrate that the charter school has
received the support referred to in this subsection by other
evidence and information presented at the public meeting that
the local school board is required to convene under this
Section.
(c) Within 45 days of receipt of a charter school proposal,
the local school board shall convene a public meeting to obtain
information to assist the board in its decision to grant or
deny the charter school proposal. A local school board may
develop its own process for receiving charter school proposals
on an annual basis that follows the same timeframes as set
forth in this Article. Final decisions of a local school board
are subject to judicial review under the Administrative Review
Law. If a charter school applicant submits a proposal to a
local school board outside of the process adopted by that local
school board for receiving charter school proposals on an
annual basis, the applicant shall not have any right to submit
its proposal to the Commission as otherwise authorized in

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subsections (d) and (e) of this Section. Only after the local
school board process is followed may a charter school applicant
appeal to the Commission.
(d) Notice of the public meeting required by this Section
shall be published in a community newspaper published in the
school district in which the proposed charter is located and,
if there is no such newspaper, then in a newspaper published in
the county and having circulation in the school district. The
notices shall be published not more than 10 days nor less than
5 days before the meeting and shall state that information
regarding a charter school proposal will be heard at the
meeting. Copies of the notice shall also be posted at
appropriate locations in the school or attendance center
proposed to be established as a charter school, the public
schools in the school district, and the local school board
office. If 45 days pass without the local school board holding
a public meeting, then the charter applicant may submit the
proposal to the Commission, where it must be addressed in
accordance with the provisions set forth in subsection (g) of
this Section.
(e) Within 30 days of the public meeting, the local school
board shall vote, in a public meeting, to either grant or deny
the charter school proposal. If the local school board has not
voted in a public meeting within 30 days after the public
meeting, then the charter applicant may submit the proposal to
the Commission, where it must be addressed in accordance with

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the provisions set forth in subsection (g) of this Section.
(f) Within 7 days of the public meeting required under
subsection (e) of this Section, the local school board shall
file a report with the State Board granting or denying the
proposal. If the local school board has approved the proposal,
within 30 days of receipt of the local school board's report,
the State Board shall determine whether the approved charter
proposal is consistent with the provisions of this Article and,
if the approved proposal complies, certify the proposal
pursuant to Section 27A-6.
(g) If the charter applicant submits the proposal to the
Commission as authorized the local school board votes to deny
the proposal, then the charter school applicant has 30 days
from the date of that vote to submit an appeal to the
Commission. In such instances or in those instances referenced
in subsections (d), and (e), and (i) of this Section, the
Commission shall follow the same process and be subject to the
same timelines for review as the local school board.
(h) The Commission may approve a charter school proposal
submitted to it in accordance with subsection (d), (e), or (i)
of this Section The Commission may reverse a local school
board's decision to deny a charter school proposal if the
Commission finds that the proposal (i) is in compliance with
this Article and (ii) is in the best interests of the students
the charter school is designed to serve. Final decisions of the
Commission are subject to judicial review under the

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Administrative Review Law.
(i) In the case of a charter school proposed to be jointly
authorized by 2 or more school districts, the local school
boards may unanimously deny the charter school proposal with a
statement that the local school boards are not opposed to the
charter school, but that they yield to the Commission in light
of the complexities of joint administration, in which case the
charter applicant may submit the proposal to the Commission,
where it must be addressed in accordance with the provisions
set forth in subsection (g) of this Section.
(Source: P.A. 96-105, eff. 7-30-09; 96-734, eff. 8-25-09;
96-1000, eff. 7-2-10; 97-152, eff. 7-20-11.)
(105 ILCS 5/27A-9)
Sec. 27A-9. Term of charter; renewal.
(a) For charters granted before January 1, 2017 (the
effective date of Public Act 99-840), a charter may be granted
for a period not less than 5 and not more than 10 school years.
For charters granted on or after January 1, 2017 (the effective
date of Public Act 99-840), a charter shall be granted for a
period of 5 school years. For charters renewed before January
1, 2017 (the effective date of Public Act 99-840), a charter
may be renewed in incremental periods not to exceed 5 school
years. For charters renewed on or after January 1, 2017 (the
effective date of Public Act 99-840), a charter may be renewed
in incremental periods not to exceed 10 school years; however,

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the Commission may renew a charter only in incremental periods
not to exceed 5 years and has no authority to renew a charter
beginning on the effective date of this amendatory Act of the
101st General Assembly. Instead, a charter school authorized by
the Commission must reapply to the local school board or boards
at the end of its charter term.
Authorizers shall ensure that every charter granted on or
after January 1, 2017 (the effective date of Public Act 99-840)
includes standards and goals for academic, organizational, and
financial performance. A charter must meet all standards and
goals for academic, organizational, and financial performance
set forth by the authorizer in order to be renewed for a term
in excess of 5 years but not more than 10 years. If an
authorizer fails to establish standards and goals, a charter
shall not be renewed for a term in excess of 5 years. Nothing
contained in this Section shall require an authorizer to grant
a full 10-year renewal term to any particular charter school,
but an authorizer may award a full 10-year renewal term to
charter schools that have a demonstrated track record of
improving student performance. Renewals under this paragraph
may not be made by the Commission.
(b) A charter school renewal proposal submitted to the
local school board or the Commission, as the chartering entity,
shall contain:
(1) a A report on the progress of the charter school in
achieving the goals, objectives, pupil performance

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standards, content standards, and other terms of the
initial approved charter proposal; and
(2) a 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.
(c) A charter may be revoked or not renewed (if the local
school board is the chartering entity) if the local school
board or revoked (if the Commission is the chartering entity)
if , 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.
(2) Failed to meet or make reasonable progress toward
achievement of the content standards or pupil performance
standards identified in the charter.
(3) Failed to meet generally accepted standards of
fiscal management.
(4) Violated any provision of law from which the
charter school was not exempted.
In the case of revocation, the local school board or the
Commission, as the chartering entity, shall notify the charter

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school in writing of the reason why the charter is subject to
revocation. The charter school shall submit a written plan to
the local school board or the Commission, whichever is
applicable, to rectify the problem. The plan shall include a
timeline for implementation, which shall not exceed 2 years or
the date of the charter's expiration, whichever is earlier. If
the local school board or the Commission, as the chartering
entity, finds that the charter school has failed to implement
the plan of remediation and adhere to the timeline, then the
chartering entity shall revoke the charter. Except in
situations of an emergency where the health, safety, or
education of the charter school's students is at risk, the
revocation shall take place at the end of a school year.
Nothing in Public Act 96-105 shall be construed to prohibit an
implementation timetable that is less than 2 years in duration.
(d) (Blank).
(e) The Commission may approve an application for a charter
submitted to it in accordance with this Article Notice of a
local school board's decision to deny, revoke, or not renew a
charter shall be provided to the Commission and the State
Board. The Commission may reverse a local board's decision if
the Commission 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
Commission may condition approval of a charter school
application The Commission may condition the granting of an

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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 Commission are
shall be subject to judicial review under the Administrative
Review Law.
(f) Notwithstanding other provisions of this Article, if
the Commission approves an application for a charter school
submitted to it in accordance with this Article or on appeal
reverses a local board's decision or if a charter school is
approved by referendum under Section 27A-6.5 of this Code, the
Commission shall act as the authorized chartering entity for
the charter school. The Commission shall execute a approve the
charter agreement and shall perform all functions under this
Article otherwise performed by the local school board. The
State Board shall determine whether the charter proposal
approved by the Commission is consistent with the provisions of
this Article and, if the approved proposal complies, certify
the proposal pursuant to this Article. 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 Commission
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 or 18-8.15 notwithstanding any
other requirements of that Section regarding hours of

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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.
(g) For charter schools authorized by the Commission, the
Commission shall quarterly certify to the State Board the
student enrollment for each of its charter schools.
(h) For charter schools authorized by the Commission, the
State Board shall pay directly to a charter school any federal
or State aid attributable to a student with a disability
attending the school.
(i) The Commission has no authority under subsection (e) of
this Section to approve a charter school proposal that has been
denied by the local school board.
(Source: P.A. 99-840, eff. 1-1-17; 100-201, eff. 8-18-17;
100-465, eff. 8-31-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.