SB 1226

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. Senate Floor Amendment No. 1 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 Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/27A-3 105 ILCS 5/27A-10.10 105 ILCS 5/27A-11 105 ILCS 5/27A-12 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Repeals the State Charter School Commission Fund on October 1, 2020 (rather than July 31, 2020). Provides that, beginning on July 1, 2020 through August 31, 2020, all money in the State Charter School Commission Fund shall be used by the State Board of Education for operational and administrative costs and, on September 1, 2020 (rather than July 1, 2020), in consultation with the State Board, the State Comptroller shall order transferred and the State Treasurer shall transfer all money in the State Charter School Commission Fund to the State Board of Education Special Purpose Trust Fund. 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, beginning on the effective date of the amendatory Act, the Commission may not enter into or renew a contract, other than a charter renewal, that expires after July 1, 2020. Until July 1, 2020, allows the State Charter School Commission to hear an appeal on a local board's decision to not renew a charter. Allows the State Board of Education to reverse a local board's decision to revoke or, beginning on July 1, 2020, not renew a charter if certain conditions are met. Requires the State Board to appoint and utilize a hearing officer for those appeals. Provides that if a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs. Adds an immediate effective date.