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| Public Act 098-1048 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
27A-6 and 27A-7 as follows:
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(105 ILCS 5/27A-6)
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Sec. 27A-6. Contract contents; applicability of laws and | ||||
regulations.
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(a) A certified charter shall constitute a binding contract | ||||
and agreement
between
the charter school and a local school | ||||
board under the terms of which the local
school board | ||||
authorizes the governing body of the charter school to operate | ||||
the
charter
school on the terms specified in the contract.
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(b) Notwithstanding any other provision of this Article, | ||||
the certified
charter
may
not waive or release the charter | ||||
school from the State goals, standards, and
assessments | ||||
established pursuant to Section 2-3.64.
Beginning with the | ||||
2003-2004 school year, the certified charter for a charter
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school operating in a city having a population exceeding | ||||
500,000 shall
require the charter school to administer any | ||||
other nationally recognized
standardized tests to its students | ||||
that the chartering entity administers to
other
students, and | ||||
the results on such tests shall be included in the
chartering | ||||
entity's assessment reports.
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(c) Subject to the provisions of subsection (e), a material | ||
revision to a
previously certified contract or a renewal shall | ||
be made with
the approval of both the local school board and | ||
the governing body of the
charter school.
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(c-5) The proposed contract shall include a provision on | ||
how both parties
will address minor violations of the contract.
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(d) The proposed contract between the governing body of a | ||
proposed charter
school and the local school board as described | ||
in Section 27A-7 must be
submitted to and certified by the | ||
State Board before it can take effect. If
the State Board | ||
recommends that the proposed contract be modified for
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consistency with this Article before it can be certified, the | ||
modifications
must be consented to by both the governing body | ||
of
the charter school and the local school board, and | ||
resubmitted to the State
Board for its certification. If the | ||
proposed contract is resubmitted in a form
that is not | ||
consistent with this Article, the State
Board may refuse to | ||
certify the charter.
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The State Board shall assign a number to each submission or | ||
resubmission in
chronological order of receipt, and shall | ||
determine whether the proposed
contract is consistent with the | ||
provisions of this Article. If the proposed
contract complies, | ||
the State Board shall so certify.
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(e) No renewal of a previously certified contract is | ||
effective unless and until the State Board certifies that the | ||
renewal is consistent with the provisions of this Article. A | ||
material revision to a previously certified contract may go | ||
into effect immediately upon approval of both the local school | ||
board and the governing body of the charter school, unless | ||
either party requests in writing that the State Board certify | ||
that the material revision is consistent with the provisions of | ||
this Article. If such a request is made, the proposed material | ||
revision is not effective unless and until the State Board so | ||
certifies. No material revision to a previously certified | ||
contract or a renewal
shall be effective unless and until the | ||
State Board certifies that the revision
or renewal is | ||
consistent with the provisions of this Article.
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(Source: P.A. 93-3, eff. 4-16-03.)
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(105 ILCS 5/27A-7)
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Sec. 27A-7. Charter submission.
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(a) A proposal to establish a charter school shall be | ||
submitted to the
State Board and the local school board in the | ||
form of a proposed contract
entered
into between the local | ||
school board and the governing body of a proposed
charter | ||
school. The
charter school proposal as submitted to the State | ||
Board shall include:
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(1) The name of the proposed charter school, which must | ||
include the words
"Charter School".
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(2) The age or grade range, areas of focus, minimum and | ||
maximum numbers of
pupils to be enrolled in the charter | ||
school, and any other admission criteria
that would be | ||
legal if used by a school district.
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(3) A description of and address for the physical plant | ||
in which the
charter school will be located; provided that | ||
nothing in the Article shall be
deemed to justify delaying | ||
or withholding favorable action on or approval of a
charter | ||
school proposal because the building or buildings in which | ||
the charter
school is to be located have not been acquired | ||
or rented at the time a charter
school proposal is | ||
submitted or approved or a charter school contract is
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entered
into or submitted for certification or certified, | ||
so long as the proposal or
submission identifies and names | ||
at least 2 sites that are potentially available
as a | ||
charter school facility by the time the charter school is | ||
to open.
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(4) The mission statement of the charter school, which | ||
must be consistent
with the General Assembly's declared | ||
purposes; provided that nothing in this
Article shall be | ||
construed to require that, in order to receive favorable
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consideration and approval, a charter school proposal | ||
demonstrate unequivocally
that the charter school will be | ||
able to meet each of those declared purposes,
it
being the | ||
intention of the Charter Schools Law that those purposes be
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recognized as goals that
charter schools must aspire to | ||
attain.
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(5) The goals, objectives, and pupil performance | ||
standards to be achieved
by the charter school.
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(6) 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
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the approval of certified teachers, parents
and
guardians, | ||
and, if applicable, a local school council as provided in
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subsection
(b) of Section 27A-8.
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(7) A description of the charter school's educational | ||
program, pupil
performance standards, curriculum, school | ||
year, school days, and hours of
operation.
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(8) A description of the charter school's plan for | ||
evaluating pupil
performance, the types of assessments | ||
that will be used to measure pupil
progress towards | ||
achievement of the school's pupil performance standards, | ||
the
timeline for achievement of those standards, and the | ||
procedures for taking
corrective action in the event that | ||
pupil performance at the charter school
falls below those | ||
standards.
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(9) Evidence that the terms of the charter as proposed | ||
are economically
sound
for both the charter school and the | ||
school district, a proposed budget for the
term of the | ||
charter, a description of the manner in which an annual
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audit of the financial and administrative operations of the | ||
charter school,
including any services provided by the | ||
school district, are to be conducted,
and
a plan for the | ||
displacement of pupils, teachers, and other employees who | ||
will
not attend or be employed in the charter school.
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(10) A description of the governance and operation of | ||
the charter school,
including the nature and extent of | ||
parental, professional educator, and
community involvement | ||
in the governance and operation of the charter school.
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(11) An explanation of the relationship that will exist | ||
between the
charter school and its employees, including | ||
evidence that the terms and
conditions of employment have | ||
been addressed with affected employees and their
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recognized representative, if any. However, a bargaining | ||
unit of charter
school employees shall be separate and
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distinct from any bargaining units formed from employees of | ||
a school district
in
which the charter school is located.
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(12) An agreement between the parties regarding their | ||
respective
legal liability and applicable insurance | ||
coverage.
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(13) A description of how the charter school plans to | ||
meet the
transportation needs of its pupils, and a plan for | ||
addressing the
transportation needs
of low-income and | ||
at-risk pupils.
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(14) The proposed effective date and term of the | ||
charter; provided that
the
first day of the first academic | ||
year and the first day of the fiscal year
shall be no | ||
earlier than August 15 and no later than September 15 of a
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calendar year, and the first day of the fiscal year shall | ||
be July 1.
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(15) Any other information reasonably required by the | ||
State Board of
Education.
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(b) A proposal to establish a charter school may be | ||
initiated by individuals
or organizations that will have
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majority representation on the board of directors or other | ||
governing body of
the corporation or other discrete legal | ||
entity that is to be established to
operate the proposed | ||
charter school, by a board of education or an
intergovernmental | ||
agreement between or among boards of education, or by the
board | ||
of directors or other
governing body of a discrete legal entity | ||
already existing or established to
operate the proposed
charter | ||
school. The individuals or organizations referred to in this
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subsection may be school teachers, school administrators, | ||
local school
councils, colleges or
universities or their | ||
faculty
members, public community colleges or their | ||
instructors or other
representatives, corporations, or other | ||
entities or their
representatives. The proposal shall be
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submitted to the local school board for consideration and, if
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appropriate, for
development of a proposed contract to be | ||
submitted to the State Board for
certification under
Section | ||
27A-6.
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(c) The local school board may not without the consent of | ||
the governing body
of the charter school condition its approval | ||
of a charter school proposal on
acceptance of an agreement to | ||
operate under State laws and regulations and
local school board | ||
policies from which the charter school is otherwise exempted
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under this Article.
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(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2014.
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