Illinois Compiled Statutes

105 ILCS 5/27A-8 (2026)

Evaluation of charter proposals

✓ current as of May 2026
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(105 ILCS 5/27A-8)
    Sec. 27A-8. Evaluation of charter proposals.
    (a) This Section does not apply to a charter school established by referendum under Section 27A-6.5. In evaluating any charter school proposal submitted to it, the local school board shall give preference to proposals that:
        (1) demonstrate a high level of local pupil,
    
parental, community, business, and school personnel support;
        (2) set rigorous levels of expected pupil achievement
    
and demonstrate feasible plans for attaining those levels of achievement; and
        (3) are designed to enroll and serve a substantial
    
proportion of at-risk children; provided that nothing in the Charter Schools Law shall be construed as intended to limit the establishment of charter schools to those that serve a substantial portion of at-risk children or to in any manner restrict, limit, or discourage the establishment of charter schools that enroll and serve other pupil populations under a nonexclusive, nondiscriminatory admissions policy.
    (b) In the case of a proposal to establish a charter school by converting an existing public school or attendance center to charter school status, evidence that the proposed formation of the charter school has received majority support from certified teachers and from parents and guardians in the school or attendance center affected by the proposed charter, and, if applicable, from a local school council, shall be demonstrated by a petition in support of the charter school signed by certified teachers and a petition in support of the charter school signed by parents and guardians and, if applicable, by a vote of the local school council held at a public meeting. In the case of all other proposals to establish a charter school, evidence of sufficient support to fill the number of pupil seats set forth in the proposal may be demonstrated by a petition in support of the charter school signed by parents and guardians of students eligible to attend the charter school. In all cases, the individuals, organizations, or entities who initiate the proposal to establish a charter school may elect, in lieu of including any petition referred to in this subsection as a part of the proposal submitted to the local school board, to demonstrate that the charter school has received the support referred to in this subsection by other evidence and information presented at the public meeting that the local school board is required to convene under this Section.
    (c) Within 45 days of receipt of a charter school proposal, the local school board shall convene a public meeting to obtain information to assist the board in its decision to grant or deny the charter school proposal. A local school board may develop its own process for receiving charter school proposals on an annual basis that follows the same timeframes as set forth in this Article. Final decisions of a local school board are subject to judicial review under the Administrative Review Law.
    (d) Notice of the public meeting required by this Section shall be published in a community newspaper published in the school district in which the proposed charter is located and, if there is no such newspaper, then in a newspaper published in the county and having circulation in the school district. The notices shall be published not more than 10 days nor less than 5 days before the meeting and shall state that information regarding a charter school proposal will be heard at the meeting. Copies of the notice shall also be posted at appropriate locations in the school or attendance center proposed to be established as a charter school, the public schools in the school district, and the local school board office.
    (e) Within 30 days of the public meeting, the local school board shall vote, in a public meeting, to either grant or deny the charter school proposal.
    (f) Within 7 days of the public meeting required under subsection (e) of this Section, the local school board shall file a report with the State Board granting or denying the proposal. If the local school board has approved the proposal, within 30 days of receipt of the local school board's report, the State Board shall determine whether the approved charter proposal is consistent with the provisions of this Article and, if the approved proposal complies, certify the proposal pursuant to Section 27A-6.
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
(Source: P.A. 101-543, eff. 8-23-19.)

    
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2000–2024 · leading case: Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018).
Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018). · cites it 5× “First, section 27A-8 of the Charter Schools Law ( 105 ILCS 5/27A-8 (West 2014) ) does not utilize any negative language prohibiting further action in the case of noncompliance nor does this section dictate a particular consequence for either the Commission or ISBE's failure to…”
Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). · cites it 4× “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018). · cites it 5× “First, section 27A-8 of the Charter Schools Law (105 ILCS 5/27A-8 (West 2014)) does not utilize any negative language prohibiting further action in the case of noncompliance nor does this section dictate a particular consequence for either the Commission or ISBE’s failure to…”
Bd. of Educ. of Rich Twp. High Sch. Dist. No. 227 v. Illinois State Bd. of Educ., 2011 IL App (1st) 110182 (Ill. App. Ct. 2011). · cites it 3× “” 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
The Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. The Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). · cites it 4× “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
Bd. of Educ. of Rich Tp. v. State Bd., 965 N.E.2d 13 (Ill. App. Ct. 2011). · cites it 4× “" 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
Bd. of Educ. of Woodlawn Cmty. Consol. Sch. Dist. 50 v. ISBE, 2023 IL App (1st) 221723-U (Ill. App. Ct. 2023). “105 ILCS 5/27A-8(g) (West 2012). If the Commission reversed the local school board’s denial and the ISBE certified the proposed contract between the Commission and either the applicant or the charter school, then the Commission became the authorizer of the charter school.”
Urban Prep Academies v. Bd. of Educ. of Chicago Sch. Dist. 299, 2024 IL App (1st) 231325 (Ill. App. Ct. 2024). “2d at 460 (quoting 105 ILCS 5/27A-8(a)(1) through (a)(3) (West 2002)).”
Bd. of Educ. of Cmty. Consol. Sch. Dist. No. 59 v. Illinois State Bd. of Educ. (Ill. App. Ct. 2000). “105 ILCS 5/27A-8 (West 1996). If a local board denies the proposed charter, the charter school proponents may appeal the decision to the State Board.”
— 105 ILCS 5/27A-8(a) — 2 cases
Bd. of Educ. of Rich Twp. High Sch. Dist. No. 227 v. Illinois State Bd. of Educ., 2011 IL App (1st) 110182 (Ill. App. Ct. 2011). “” 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
Bd. of Educ. of Rich Tp. v. State Bd., 965 N.E.2d 13 (Ill. App. Ct. 2011). “" 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
— 105 ILCS 5/27A-8(a)(1) — 1 case
Urban Prep Academies v. Bd. of Educ. of Chicago Sch. Dist. 299, 2024 IL App (1st) 231325 (Ill. App. Ct. 2024). “2d at 460 (quoting 105 ILCS 5/27A-8(a)(1) through (a)(3) (West 2002)).”
— 105 ILCS 5/27A-8(c) — 1 case
Bd. of Educ. of Rich Tp. v. State Bd., 965 N.E.2d 13 (Ill. App. Ct. 2011). “" 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
— 105 ILCS 5/27A-8(e) — 2 cases
Bd. of Educ. of Rich Twp. High Sch. Dist. No. 227 v. Illinois State Bd. of Educ., 2011 IL App (1st) 110182 (Ill. App. Ct. 2011). “” 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
Bd. of Educ. of Rich Tp. v. State Bd., 965 N.E.2d 13 (Ill. App. Ct. 2011). “" 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
— 105 ILCS 5/27A-8(f) — 4 cases
Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
Bd. of Educ. of Rich Twp. High Sch. Dist. No. 227 v. Illinois State Bd. of Educ., 2011 IL App (1st) 110182 (Ill. App. Ct. 2011). “” 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
The Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. The Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
Bd. of Educ. of Rich Tp. v. State Bd., 965 N.E.2d 13 (Ill. App. Ct. 2011). “" 105 ILCS 5/27A-8(a) (West 2008). Within 30 days of the initial public meeting, a second public meeting must be held where the local school board votes on the proposal.”
— 105 ILCS 5/27A-8(g) — 3 cases
Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
The Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. The Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
Bd. of Educ. of Woodlawn Cmty. Consol. Sch. Dist. 50 v. ISBE, 2023 IL App (1st) 221723-U (Ill. App. Ct. 2023). “105 ILCS 5/27A-8(g) (West 2012). If the Commission reversed the local school board’s denial and the ISBE certified the proposed contract between the Commission and either the applicant or the charter school, then the Commission became the authorizer of the charter school.”
— 105 ILCS 5/27A-8(h) — 4 cases
Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018). “First, section 27A-8 of the Charter Schools Law ( 105 ILCS 5/27A-8 (West 2014) ) does not utilize any negative language prohibiting further action in the case of noncompliance nor does this section dictate a particular consequence for either the Commission or ISBE's failure to…”
Bd. of Educ. of Waukegan Cmty. Unit Sch. Dist. 60 v. Illinois State Charter Sch. Comm'n, 2018 IL App (1st) 162084 (Ill. App. Ct. 2018). “First, section 27A-8 of the Charter Schools Law (105 ILCS 5/27A-8 (West 2014)) does not utilize any negative language prohibiting further action in the case of noncompliance nor does this section dictate a particular consequence for either the Commission or ISBE’s failure to…”
Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
The Bd. of Educ. of Woodland Cmty. Consol. Sch. Dist. 50 v. The Illinois State Charter Sch. Comm'n, 2016 IL App (1st) 151372 (Ill. App. Ct. 2016). “105 ILCS 5/27A-8(f) (West 2012). If the local school board approves the proposal and the Board certifies it, the local school board becomes the authorizer of the charter school.”
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