Amends the Charter Schools Law of the School Code. Provides that upon approval of a charter renewal by an authorizer, the charter operator shall execute the renewal agreement no later than 90 days after the date of the authorizer's final renewal approval. Provides that a charter school that is deemed nonrenewed is ineligible to receive any payments from a school district. Provides that a charter operator that fails to execute a renewal agreement within a specified period may not continue to operate the charter school beyond the expiration of the existing charter term and is subject to closure procedures. Requires every charter operator to maintain closure security. Provides that failure to maintain closure security is a basis for the authorizer to withhold a portion of per-pupil payments until compliance is achieved and for consideration in denying a charter renewal or revoking the charter or ineligibility to operate additional charter campuses. Provides that if the closure security is insufficient to cover the costs of a closure event, the authorizer or the State Board of Education may bring a civil action against the charter operator to recover the unpaid amounts and seek to impose a lien on any property owned by the charter operator to secure recovery. Provides that if an authorizer determines that a charter school is in financial distress, the authorizer may require the charter operator to submit a financial remediation plan within 30 days. Provides that if the authorizer determines that the charter school has failed to implement an approved remediation plan or the financial distress presents an immediate risk to students, employees, or public funds, the authorizer may initiate financial intervention by appointing an independent fiscal manager approved by the authorizer and the State Board. Allows the fiscal manager to exercise authority limited to financial matters. Provides that financial intervention is temporary and may not exceed 180 days, except that the authorizer may extend the intervention once for good cause. Makes other changes. Effective immediately.
Senate Floor Amendment No. 2: Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes. Provides that a charter may be revoked or not renewed if the school board or the State Board of Education clearly demonstrates that the charter school failed to execute a charter contract after good faith negotiations. Removes language providing that: upon approval of a charter renewal by an authorizer, the charter operator shall execute the renewal agreement no later than 90 days after the date of the authorizer's final renewal approval; a charter school that is deemed nonrenewed is ineligible to receive any payments from a school district; and a charter operator that fails to execute a renewal agreement within a specified period may not continue to operate the charter school beyond the expiration of the existing charter term and is subject to closure procedures. Provides that for an initial agreement, no public funds may be disbursed to a charter holder unless and until a charter agreement has been fully executed by both the charter holder and the authorizer. Provides that after the initial agreement, the charter holder and the authorizer shall negotiate the terms of the charter renewal agreement within 90 days after the authorizer's passage of a renewal resolution consistent with applicable State law and district policy. Provides that a charter operator's refusal to execute a charter renewal agreement that incorporates the requirements of State law or district signed-agreement requirements constitutes grounds for nonrenewal. Provides that any remaining closure security funds after satisfaction of obligations shall be returned to the authorizer and shall remain public funds in accordance with State and federal law. With regard to closure financial accountability, allows the State Board to act in its regulatory oversight capacity for all authorizers and in its capacity as an authorizer for charter schools it directly authorizes under the Charter Schools Law. Makes other changes. Effective immediately.
Senate Floor Amendment No. 3: Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes. Provides that a charter may be revoked or not renewed if the school board or the State Board of Education clearly demonstrates that the charter school failed to execute a charter contract after good faith negotiations. Removes language providing that: upon approval of a charter renewal by an authorizer, the charter operator shall execute the renewal agreement no later than 90 days after the date of the authorizer's final renewal approval; a charter school that is deemed nonrenewed is ineligible to receive any payments from a school district; and a charter operator that fails to execute a renewal agreement within a specified period may not continue to operate the charter school beyond the expiration of the existing charter term and is subject to closure procedures. Provides that for an initial agreement, no public funds may be disbursed to a charter operator unless and until a charter agreement has been fully executed by both the charter operator and the authorizer. Provides that after the initial agreement, the charter operator and the authorizer shall negotiate the terms of the charter renewal agreement within 90 days after the authorizer's passage of a renewal resolution consistent with applicable State law and district policy. Provides that a charter operator's refusal to execute or negotiate, in good faith, a charter renewal agreement that incorporates the requirements of State law or district signed-agreement requirements constitutes grounds for nonrenewal. Provides that any remaining closure security funds after satisfaction of obligations shall be returned to the authorizer and shall remain public funds in accordance with State and federal law. With regard to closure financial accountability, allows the State Board to act in its regulatory oversight capacity for all authorizers and in its capacity as an authorizer for charter schools it directly authorizes under the Charter Schools Law. Makes other changes. Effective immediately.
Statutes affected: Introduced: 105 ILCS 5/27
Engrossed: 105 ILCS 5/27