HB 2100

Abstract

Amends the State Finance Act and the Charter Schools Law of the School Code. Provides that on July 1, 2020, the State Charter School Commission is abolished and the terms of all members end. Provides that all of the powers, duties, assets, liabilities, contracts, property, records, and pending business of the Commission are transferred to the State Board of Education on that date. Provides for transfer of authorization to a local school board or boards. Makes related changes. Removes the appeal process, and provides that final decisions of a local school board are subject to judicial review under the Administrative Review Law. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate Fiscal Note (State Board of Education) HB 2100 will result in a state fiscal impact of $460,000 based on a net reduction of $840,000 in state expenditures and a reduction in $1.3 million in state revenue beginning in FY 2021. House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Removes a provision requiring a charter school whose authorization has been transferred to the State Board of Education to, as soon as practicable after July 1, 2020, seek transfer of authorization to a local school board or boards for the remainder of the charter school's current term. Provides that at the end of its charter term, a charter school may (rather than must) reapply to the board or boards for authorization. Removes provisions allowing a charter applicant to submit a charter school proposal to the State Board if a local school board fails to hold a public meeting to obtain information or vote on the proposal, fails to grant or deny the proposal, or votes to deny the proposal (including because of the complexities of joint administration with another school district). Provides that no local school board may arbitrarily or capriciously revoke or not renew a charter. Provides that, except for extenuating circumstances, if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are placed in schools that are higher performing than that charter school. Provides that in determining whether extenuating circumstances exist, a local school board must detail, by clear and convincing evidence, that factors unrelated to the charter school's accountability designation outweigh the charter school's academic performance. House Floor Amendment No. 4 Provides that, beginning on July 1, 2020, the State Board of Education may charge a charter school that it authorizes a fee not to exceed 3% of the revenue provided to the school to be used exclusively for covering the cost of authorizing activities; specifies what the authorizing activities may include. Provides that no school board may revoke or not renew a charter unless it determines that doing so is in the best interests of the students currently enrolled in the charter school (rather than arbitrarily or capriciously revoke or not renew a charter). Provides that if a local school board revokes or does not renew a charter, it must ensure that all students currently enrolled in the charter school are offered placement (rather than placed) in schools that are higher performing than that charter school, as defined in the State's federal Every Student Succeeds Act accountability plan, and that they have reasonable options for transportation to those schools. Provides that the State Board may reverse a local school board's decision to not renew a charter if the State Board finds that the charter school (i) is in compliance with the Charter Schools Article of the School Code and (ii) is in the best interests of the students it is designed to serve. Provides that final decisions of the State Board shall be subject to judicial review under the Administrative Review Law. Provides that if the State Board reverses the local school board's decision to not renew a charter, the State Board shall act as the authorized chartering entity.