105 ILCS 5/27A-9
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 27A - Charter Schools

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, the State Board or Commission may renew a charter only in incremental periods not to exceed 5 years. 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.(b) A charter school renewal proposal submitted to the  local school board or the State Board or Commission, as the chartering entity,  shall contain:(1) a report on the progress of the charter school in     achieving the goals, objectives, pupil performance standards, content standards, and other terms of the initial approved charter proposal; and(2) 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 or the State Board or Commission, 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 State Board or Commission, as the chartering entity, shall notify the charter 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, the State 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 State Board or 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. No local school board may arbitrarily or capriciously revoke or not renew a charter. Except for extenuating circumstances outlined in this Section, 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, as defined in the State's federal Every Student Succeeds Act accountability plan. 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.(d) (Blank).(e) 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.  Until July 1, 2020, the Commission may reverse a local board's  decision  to not renew a charter 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 the granting of an 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 shall be subject  to judicial review under the Administrative Review Law.The State Board may reverse a local board's decision to revoke or, beginning on July 1, 2020, not renew a charter if the State Board 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 State Board may condition the granting of an 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.  The State Board must appoint and utilize a hearing officer for any appeals conducted under this subsection. Final decisions of the State Board are subject  to judicial review under the Administrative Review Law.(f) Notwithstanding other provisions of this Article, if the Commission    on appeal reverses a local board's decision  or if a charter school is  approved by referendum,  the Commission   shall act as the  authorized chartering entity for the charter school.   The Commission shall  approve the charter 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 18-8.15 notwithstanding any  other requirements of that Section.  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. (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 101-543, eff. 8-23-19.)