Illinois Administrative Code › Title 23 - EDUCATION AND CULTURAL RESOURCES › Part 650 - CHARTER SCHOOLS › Subpart D - CHARTER SCHOOL REVOLVING LOAN PROGRAM › Appendix A - Principles and Standards for Authorizing Charter Schools

Current through Register Vol. 48, No. 28, July 12, 2024
The following principles and standards for charter school
				  authorizers align to Article 27A of the School Code and are based on the
				  "Principles and Standards of Quality Charter School Authorizing" (2012),
				  published by the National Association of Charter School Authorizers (NACSA),
				  105 West Adams Street, Suite 3500, Chicago IL 60603-6253 and posted at
http://www.qualitycharters.org/publications-resources/principles-standards.html
.
				  No later amendments to or editions of these standards are incorporated. A small
				  number of standards are identified as "advanced" (recommended); all others are
				  considered "essential" (required).
PRINCIPLES
A high-quality authorizer engages in responsible oversight of
				  charter schools by ensuring that schools have both the autonomy to which they
				  are entitled and the public accountability for which they are responsible. The
				  following three principles lie at the heart of the authorizing endeavor, and
				  authorizers should be guided by and fulfill these principles in all aspects of
				  their work.
Principle 1: Maintain High Standards
Sets high standards for approving charter
				  applicants.
Maintains high standards for the schools it
				  oversees.
Effectively cultivates high-quality charter
				  schools that meet identified educational needs.
Oversees charter schools that meet over time the
				  performance standards and targets on a range of measures and metrics set forth
				  in the charter contracts.
Principle 2: Uphold School Autonomy
Honors and preserves core autonomies crucial to
				  school success, including:
Governing board independent from the
				  authorizer;
Personnel;
School vision and culture;
Instructional programming, design and use of time;
				  and
Budgeting.
Minimizes administrative and compliance burdens on
				  schools.
Focuses on holding schools accountable for
				  outcomes rather than processes, while at all times strictly enforcing all
				  applicable statutory and regulatory requirements for charter schools.
Principle 3: Protect Student and Public Interests
Makes the well-being and interests of students the
				  fundamental value informing all the authorizer's actions and decisions.
Holds schools accountable for fulfilling
				  fundamental public education obligations to all students, which includes
				  providing:
Nonselective, nondiscriminatory access to all
				  eligible students;
Fair treatment in admissions and disciplinary
				  actions for all students; and
Appropriate services for all students, including
				  those with disabilities and who are English learners, in accordance with
				  applicable laws.
Holds schools accountable for fulfilling
				  fundamental obligations to the public, which includes providing:
Sound governance, management and stewardship of
				  public funds;
Public information and operational transparency in
				  accordance with applicable State and federal laws; and
Compliance with all applicable laws and
				  regulations.
Ensures in its own work:
Ethical conduct;
Focus on the mission of chartering high-quality
				  schools;
Clarity, consistency and public transparency in
				  authorizing policies, practices and decisions;
Effective and efficient public stewardship;
				  and
Compliance with all applicable laws and
				  regulations.
STANDARDS
Standard 1: Agency Commitment and Capacity
A high-quality authorizer engages in chartering as a means to
				  foster excellent schools that meet identified needs; clearly prioritizes a
				  commitment to excellence in education and in authorizing practices; and creates
				  organizational structures and commits human and financial resources necessary
				  to conduct its authorizing duties effectively and efficiently.
1.1 Standards for Planning and Commitment to
				  Excellence
Supports and advances the purposes of Article 27A
				  of the School Code.
Ensures that the authorizer's governing board,
				  leadership and staff understand and are committed to the principles articulated
				  in this Appendix A.
Defines external relationships and lines of
				  authority to protect the authorizing functions from conflicts of interest and
				  political influence.
Implements policies, processes and practices that
				  streamline and organize its work toward State goals, and executes its duties
				  efficiently while minimizing administrative burdens on schools.
Evaluates its work regularly against national
				  standards for high-quality authorizing and recognized effective practices and
				  develops and implements timely plans for improvement if these standards and
				  practices are not achieved.
States a clear mission for high-quality
				  authorizing (advanced).
Articulates and implements an intentional
				  strategic vision and plan for chartering, including clear priorities, goals,
				  and timeframes for achievement (advanced).
Evaluates its work regularly against its
				  chartering mission and strategic plan goals, and implements plans for
				  improvement when the mission and strategic plan goals are not achieved
				  (advanced).
Conforms to reporting requirements about its
				  progress and performance in meeting its strategic plan goals, as required by
				  Section 27A-12 of the School Code and Section
				  650.55
				  of this Part.
1.2 Standards for Human Resources
Enlists expertise and competent leadership for all
				  areas essential to charter school oversight, including, but not limited to,
				  educational leadership; curriculum, instruction and assessment; special
				  education; English learners and other diverse learning needs; performance
				  management and accountability; law; finance; facilities; and nonprofit
				  governance and management through the use of staff, contractual relationships,
				  or intra-agency or inter-agency collaborations.
Employs competent personnel at a staffing level
				  that is appropriate and sufficient, commensurate with the size of the charter
				  school portfolio, to carry out all authorizing responsibilities in accordance
				  with the principles and standards set forth in this Appendix A.
Provides for regular professional development for
				  the authorizer's leadership and staff to achieve and maintain high standards of
				  professional authorizing practice and to enable continual improvement.
1.3 Standards for Financial Resources
Determines the financial needs of the authorizing
				  office and devotes sufficient financial resources to fulfill its authorizing
				  responsibilities in accordance with the principles and standards set forth in
				  this Appendix A and commensurate with the scale of the charter school
				  portfolio.
Tracks operating costs and expenses associated
				  with the performance of the powers and duties enumerated in Section 27A-7.10(a)
				  of the School Code and any additional duties set forth in the terms of each
				  charter contract.
When making decisions pertaining to approving or
				  renewing a charter school, considers whether the terms of the charter, as
				  proposed, are economically sound for both the charter school and the school
				  district. (See Section 27A-7(a) of the School Code.)
Provides funding to all charter schools in
				  compliance with the requirements of Article 27A of the School Code and submits
				  to the State Board of Education information about the budget and financial
				  schedule as may be required.
Structures funding in such a way as to avoid
				  conflicts of interest, inducements, incentives or disincentives that might
				  compromise its judgment in charter approval and accountability
				  decision-making.
Deploys funds effectively and efficiently and
				  maintains the public's interests when doing so.
Standard 2: Application Process and Decision-Making
A high-quality authorizer implements a comprehensive
				  application process that includes clear application questions and guidance;
				  follows fair, transparent procedures and rigorous criteria; and grants charters
				  only to applicants who demonstrate a strong capacity to establish and operate a
				  high-quality charter school.
2.1 Standards for Proposal Information, Questions
				  and Guidance
Maintains a charter application information packet
				  or, if actively soliciting proposals, issues a request for proposals (RFP)
				  that:
States any chartering priorities the authorizer
				  may have established;
Articulates comprehensive application questions to
				  elicit the information needed for a rigorous evaluation of the applicant's
				  plans and capacities; and
Provides clear guidance and requirements for the
				  content and format of the application and the evaluation criteria that will be
				  used when considering the application.
Welcomes proposals from first-time charter
				  applicants, as well as existing school operators or replicators, and
				  appropriately distinguishes between the two types of developers in proposal
				  requirements and evaluation criteria.
To the extent it is determined to be economically
				  sound for the district and the charter school, encourages expansion and
				  replication of charter schools that demonstrate success and capacity for
				  growth.
Is open to considering diverse educational
				  philosophies and approaches, and expresses a commitment to serve students with
				  diverse needs.
To the extent it is determined to be economically
				  sound for the district and the charter school, broadly invites and solicits
				  charter applications, while publicizing the authorizer's strategic vision and
				  chartering priorities without restricting or refusing to review applications
				  that propose to fulfill other goals (advanced).
2.2 Standards for Fair, Transparent,
				  Quality-Focused Procedures
Implements a charter application process that is
				  open, well-publicized and transparent, and is organized around timelines that
				  are clear, realistic and compliant with the timelines for review of charter
				  proposals set forth in Section 27A-8 of the School Code.
Allows sufficient time in the application process
				  so that each stage of the application review and school pre-opening processes
				  are carried out with integrity and attention to high quality.
Explains how each stage of the application process
				  is conducted and evaluated.
Informs applicants of their rights and
				  responsibilities and promptly notifies applicants in writing of approval or
				  denial, while explaining the factors that determined the decision.
In compliance with Sections 27A-8(f) and 27A-9(e)
				  of the School Code and Section
				  650.30
				  of this Part, submits all required documentation pertaining to charter school
				  approvals, denials, revocations, or non-renewals to the State Board of
				  Education.
2.3 Standards for Rigorous Approval
				  Criteria
Requires all applicants to submit a charter school
				  proposal that is complete and fully addresses all required elements under
				  Section 27A-7(a) of the School Code, including, but not limited to, a clear and
				  compelling mission; a high-quality educational program; a solid business plan;
				  a transportation plan to meet the needs of low-income and at-risk students;
				  effective governance and management structures and systems; founding team
				  members who demonstrate diverse and necessary capabilities; and clear evidence
				  of the applicant's capacity to execute its plan successfully.
Establishes distinct requirements and criteria for
				  applicants that are existing school operators and those that are
				  replicators.
Establishes distinct requirements and criteria for
				  applicants proposing to contract with education service or management
				  providers.
To the extent that these schools are permitted
				  under Article 27A of the School Code, establishes distinct requirements for
				  applicants proposing to operate schools devoted exclusively to students from
				  low-performing or overcrowded schools.
To the extent that these schools are permitted
				  under Article 27A of the School Code, establishes distinct requirements for
				  applicants proposing to operate schools devoted exclusively to re-enrolled high
				  school dropouts and/or students 16 or 15 years old who are at risk of dropping
				  out.
To the extent that these schools are permitted
				  under Article 27A of the School Code, establishes distinct requirements and
				  criteria for applicants proposing to operate virtual or online charter
				  schools.
2.4 Standards for Rigorous Decision-Making
Grants charters only to applicants that have
				  demonstrated competence and capacity to succeed in all aspects of the school,
				  consistent with the stated approval criteria.
Rigorously evaluates each application through the
				  use of knowledgeable and competent evaluators who employ some combination of a
				  thorough review of the written proposal, a substantive in-person interview with
				  the applicant group, the public meeting required under Section 27A-8(c) of the
				  School Code for gathering more information to assist in determining whether to
				  grant or deny the charter school proposal, and other due diligence to examine
				  the applicant's experience and capacity.
Engages, for both written application reviews and
				  any applicant interviews, highly competent teams of internal and external
				  evaluators with relevant educational, organizational (governance and
				  management), financial and legal expertise, as well as thorough understanding
				  of the provisions of Article 27A of the School Code and the essential
				  principles of charter school autonomy and accountability.
Provides orientation or training to application
				  evaluators (including interviewers) to ensure the use of consistent evaluation
				  standards and practices, observance of essential protocols, and fair treatment
				  of applicants.
Ensures that the application review process and
				  decision-making are free of conflicts of interest, and requires full disclosure
				  of any potential or perceived conflicts of interest between reviewers or
				  decision-makers and applicants.
Standard 3: Performance Contracting
A high-quality authorizer executes contracts with charter
				  schools that articulate the rights and responsibilities of each party regarding
				  school autonomy, funding, administration and oversight, outcomes, measures for
				  evaluating success or failure, performance consequences and other material
				  terms. The contract is an essential document, separate from the charter
				  application, that establishes the legally binding agreement and terms under
				  which the school will operate and be held accountable.
3.1 Standards for Contract Term, Negotiation and
				  Execution
Executes a contract with a legally incorporated
				  governing board of a nonprofit corporation or other discrete, legal, nonprofit
				  entity authorized under the laws of the State of Illinois that is completely
				  independent of the authorizer.
Executes all charter agreements within 120 days
				  after the charter's approval and at least 30 days before the start of school,
				  whichever date comes first.
Ensures that all charter school agreements have
				  been certified by the State Board of Education in accordance with Section
				  650.40
				  prior to the date on which the charter school opens or begins its renewal
				  term.
Defines material terms of the contract.
Ensures mutual understanding and acceptance of the
				  contract by the school's governing board prior to authorization or charter
				  granting by the authorizing board.
Allows, and requires contract amendments for,
				  occasional material changes to the school's plan, but does not require amending
				  the contract for non-material modifications.
3.2 Standards for Rights and
				  Responsibilities
Executes charter school contracts that
				  clearly:
State the rights and responsibilities of the
				  school and the authorizer;
State and respect the autonomies to which charter
				  schools are entitled, based on statute, waiver or authorizer policy, including
				  those relating to the school's authority over educational programming,
				  staffing, budgeting and scheduling;
Define performance standards, criteria and
				  conditions for renewal, intervention, revocation and non-renewal, while
				  establishing the consequences for meeting or not meeting standards or
				  conditions;
State the statutory, regulatory and procedural
				  terms and conditions for the school's operation, including a clearly defined
				  list of all health and safety requirements applicable to all public schools
				  under the laws of the State of Illinois;
State reasonable pre-opening requirements or
				  conditions for new schools to ensure that they meet all health, safety and
				  other legal requirements prior to opening and are prepared to open
				  smoothly;
State the responsibility and commitment of the
				  school to adhere to essential public education obligations, including admitting
				  and serving all eligible students so long as space is available, and not
				  expelling or counseling out students except pursuant to a discipline policy
				  approved by the authorizer; and
State the responsibilities of the school and the
				  authorizer in the event of school closures.
Ensures that any fee-based services that the
				  authorizer provides are set forth in a services agreement that respects charter
				  school autonomy and treats the charter school equitably compared to district
				  schools, if applicable; and ensures that purchasing these services is
				  explicitly not a condition of charter approval, continuation or renewal.
3.3 Standards for Charter Performance
				  Standards
Executes charter contracts that plainly:
Establish the performance standards under which
				  schools will be evaluated, using objective and verifiable measures of student
				  achievement as the primary measure of school quality;
Include expectations for appropriate access,
				  education, support services and outcomes for students with disabilities;
Define clear, measurable and attainable academic,
				  financial and organizational performance standards and targets that the school
				  must meet as a condition of renewal, including but not limited to required
				  State and federal measures;
Define the sources of academic data that will form
				  the evidence base for ongoing and renewal evaluation, including State-mandated
				  and other standardized assessments, student academic growth measures, internal
				  assessments, qualitative reviews and performance comparisons with other
				  comparable public schools in the district and State;
Define the sources of financial data that will
				  form the evidence base for ongoing and renewal evaluation, grounded in
				  professional standards for sound financial operations and
				  sustainability;
Define the sources of organizational data that
				  will form the evidence base for ongoing and renewal evaluation, focusing on
				  fulfillment of legal obligations, fiduciary duties and sound public
				  stewardship; and
Include clear, measurable performance standards to
				  judge the effectiveness of alternative schools, if applicable, requiring and
				  appropriately weighting rigorous mission-specific performance measures and
				  metrics that credibly demonstrate each school's success in fulfilling its
				  mission and serving its special population.
3.4 Standards for Education Service or Management
				  Contracts (if applicable)
For any school that contracts with an external
				  (third-party) provider for education design and operation or management,
				  includes additional contractual provisions that ensure rigorous, independent
				  contract oversight by the charter school governing board and the school's
				  financial independence from the external provider. In determining whether a
				  charter school is independent of the external provider, the authorizer shall
				  consider the criteria listed in Q & A (B-13) of the U.S. Department of
				  Education, Charter Schools Program, Title V, Part B of the ESEA, Nonregulatory
				  Guidance (Published January 2014) and posted at
http://www2.ed.gov/programs/charter/fy14cspnonregguidance.doc
.
Reviews the proposed third-party contract as a
				  condition of charter approval to ensure that it is consistent with applicable
				  laws, authorizer policy and the public interest.
Standard 4: Ongoing Oversight and Evaluation
A high-quality authorizer conducts contract oversight that
				  competently evaluates performance and monitors compliance; ensures schools'
				  legally entitled autonomy; protects student rights; informs intervention,
				  revocation and renewal decisions; and provides regular public reports on school
				  performance.
4.1 Standards for Performance Evaluation and
				  Compliance Monitoring
Implements a comprehensive performance
				  accountability and compliance monitoring system that is defined by the charter
				  contract and provides the information necessary to make rigorous and
				  standards-based renewal, revocation and intervention decisions.
Defines and communicates to schools the process,
				  methods and timing of gathering and reporting school performance and compliance
				  data.
Implements an accountability system that
				  effectively streamlines local, State and federal performance expectations and
				  compliance requirements, while protecting schools' legally entitled autonomy
				  and minimizing schools' administrative and reporting burdens.
Provides clear technical guidance to schools, as
				  needed, to ensure timely compliance with applicable regulations.
Visits each school as appropriate and necessary
				  for collecting data that cannot be obtained otherwise and in accordance with
				  the contract, while ensuring that the frequency, purposes and methods of these
				  visits respect school autonomy and avoid operational interference.
Evaluates each school annually on its performance
				  and progress toward meeting the standards and targets stated in the charter
				  contract, including essential compliance requirements, and clearly communicates
				  evaluation results to the school's governing body and leadership.
In accordance with Section 27A-5(f) of the School
				  Code, requires and reviews annual financial audits of schools conducted by a
				  qualified independent auditor.
Communicates regularly with schools as needed,
				  including both the school leaders and governing boards, and provides timely
				  notice of contract violations or performance deficiencies.
Provides an annual written report to each school,
				  summarizing its performance and compliance to date and identifying areas of
				  strength and areas needing improvement.
Articulates and enforces stated consequences for
				  failing to meet performance expectations or compliance requirements.
4.2 Standards for Respecting School
				  Autonomy
Respects the school's authority over its
				  day-to-day operations.
Collects information from the school in a manner
				  that minimizes administrative burdens on the school, while ensuring that
				  performance and compliance information is sufficiently detailed and timely to
				  protect student and public interests.
Periodically reviews compliance requirements and
				  evaluates the potential to increase school autonomy based on flexibility in the
				  law, streamlining requirements, demonstrated school performance or other
				  considerations.
Refrains from directing or participating in the
				  educational decisions or choices that are appropriately within a school's
				  purview under Article 27A of the School Code or the contract.
4.3 Standards for Protecting Student Rights
In accordance with Section 27A-4(d) and (h) of the
				  School Code, ensures that schools admit students through a random selection
				  that is open to all students who reside within the geographic boundaries of the
				  areas served by the local school board, is publicly verifiable, and does not
				  establish undue barriers to application (such as mandatory information
				  meetings, mandated volunteer service or parent contracts) that exclude students
				  based on socioeconomic, family or language background; prior academic
				  performance; special education status; or parental involvement.
Ensures that schools provide access and services
				  to students with disabilities, as required by applicable State and federal
				  laws, including compliance with individualized education programs and section
				  504 plans, access to facilities and educational opportunities.
Ensures clarity in the roles and responsibilities
				  of all parties involved in serving students with disabilities.
Ensures that schools provide access to and
				  appropriately serve other special populations of students, including English
				  learners, homeless students and gifted students, as required by State and
				  federal law.
Ensures that schools' student discipline policies
				  and actions comply with applicable State and federal laws regarding discipline,
				  are fair and ensure that no student is expelled or counseled out of a school
				  outside of the process set forth in those policies.
4.4 Standards for Intervention
Establishes, and makes available to schools as
				  they are chartered, an intervention policy that states the general conditions
				  that may trigger intervention and the types of actions and consequences that
				  may ensue.
Gives schools clear, adequate, evidence-based and
				  timely notice of contract violations or performance deficiencies.
Allows schools reasonable time and opportunity for
				  remediation in non-emergency situations.
When intervention is needed, engages in
				  intervention strategies that clearly preserve school autonomy and
				  responsibility (identifying what the school must remedy without prescribing
				  solutions).
4.5 Standards for Public Reporting
Produces regular public reports that provide
				  clear, accurate performance data for the charter schools overseen by the
				  authorizer, reporting on individual school and overall portfolio performance
				  according to the framework set forth in the charter contract. (Also see Section
				  650.55.)
Standard 5: Revocation and Renewal Decision-Making
A high-quality authorizer designs and implements a
				  transparent and rigorous process that uses comprehensive academic, financial
				  and operational performance data to make merit-based renewal decisions and
				  revokes charters when necessary to protect student and public interests.
5.1 Standards for Revocation
Adheres to all notice and corrective action
				  requirements for revocation of a charter school, as set forth in Section 27A-9
				  of the School Code.
5.2 Standards for Renewal Decisions Based on Merit
				  and Inclusive Evidence
Bases the renewal process and renewal decisions on
				  thorough analyses of a comprehensive body of objective evidence defined by the
				  performance framework in the charter contract.
Grants renewal only to schools that have achieved
				  the standards and targets stated in the charter contract, are organizationally
				  and fiscally viable, and have been faithful to the terms of the contract and
				  applicable law.
Does not make renewal decisions, including
				  granting probationary or short-term renewals, on the basis of political or
				  community pressure or solely on promises of future improvement.
5.3 Standards for Cumulative Report and Renewal
				  Application
Provides to each school, in advance of the renewal
				  decision, a cumulative performance report that:
Summarizes the school's performance record over
				  the charter term; and
States the authorizer's summative findings
				  concerning the school's performance and its prospects for renewal.
Requires any school seeking renewal to apply
				  through the use of a renewal application, which should provide the school with
				  a meaningful opportunity and reasonable time to respond to the cumulative
				  performance report, to correct the record, if needed, and to present additional
				  evidence regarding its performance.
5.4 Standards for Fair, Transparent Process
Clearly communicates to schools the criteria for
				  charter revocation, renewal and non-renewal decisions that are consistent with
				  the charter contract and Article 27A of the School Code.
Promptly notifies each school of its renewal (or,
				  if applicable, revocation) decision, including a written explanation of the
				  reasons for the decision.
Promptly communicates renewal or revocation
				  decisions to the school community and public within a timeframe that allows
				  parents and students to exercise choices for the coming school year.
Explains in writing any available rights of legal
				  or administrative appeal through which a school may challenge the authorizer's
				  decision.
In compliance with Sections 27A-8(f) and 27A-9(e)
				  of the School Code and Section
				  650.30
				  of this Part, submits all required documentation pertaining to charter school
				  renewals, revocations, or non-renewals to the State Board of Education.
Regularly updates and publishes the process for
				  renewal decision-making, including guidance regarding required content and
				  format for renewal applications.
5.5 Standards for Closure
In the event of a school closure, oversees and
				  works with the school's governing board and leadership in carrying out a
				  detailed closure protocol that complies with Section
				  650.70
				  and all applicable State laws.