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2203928.3
June 11, 2013

I LLI NOIS STATE CHARTER SCHOOL COMMISSI ON

ADOPT STA F F RECOMMENDATI ON TO DENY 18 APPEALS BY VI RTUAL LEARNI NG
SOLUTI ONS

The Executive Di rector of the Commission recommends that the Commission:

Proposed Action: Adopt staff recommendation to deny the 18 appeals filed by Virtual Learning
Solutions ('VLS) against the districts listed below, regarding the establishment of the Illinois
Virtual Charter School at Fox River Valley, ('ILVCSFRV).

Oversight Responsibility: Greg Richmond, Chair, Commission

Description: The Illinois Charter School Commission is authorized by Illinois State Charter Law
to receive and process appeals in certain circumstances where an applicant`s charter school
proposal has been denied or not timely heard by one or several Illinois school districts. On May
8, 13 and 14, 2013, the Illinois State Charter School Commission received 18 appeals filed by
VLS, and at its regularly scheduled meeting on May 15, 2013, the Commission accepted
jurisdiction over each appeal, as listed below.

Vi rtual Learning Solutions

vs.

Batavia USD 101 SCSC 2013-09
CUSD 200 (Wheaton-War renville) SCSC 2013-10
CUD 300 SCSC 2013-11
Geneva CUSD 304 SCSC 2013-12
Kaneland CUSD 302 SCSC 2013-13
Oswego CUSD 308 SCSC 2013-14
School District U-46 SCSC 2013-15
St. Charles CUSD 303 SCSC 2013-16
Sycamore CUSD 427 SCSC 2013-17
West Aurora USD 129 SCSC 2013-18
Yor kville CUSD 115 SCSC 2013-19
Naperville 203 SCSC 2013-20
Central 301 SCSC 2013-21
De Kalb CUSD 428 SCSC 2013-22
Plainfield SD 202 SCSC 2013-23
East Aurora SD 131 SCSC 2013-24
Valley View 365-U SCSC 2013-25
I ndian Prai rie CUSD 204 SCSC 2013-26

1. Staff now makes the recommendation, for the reasons stated below, that the Commission:
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2203928.3

Deny the 18 Appeals filed by Virtual Learning Solutions for the Establishment of Illinois Virtual
Charter School @ Fox River Valley

2. On Friday, May 24, 2103, the Governor of the State of Illinois signed H.B. 494, thereby
creating Illinois Public Act 98-0016 which states: '|T|here is a moratorium on the establishment
of charter schools with virtual-schooling components until April 1, 2014 in the State oI Illinois.

3. The Commission had pending before it, as of May 8, 2013, May 13, 2013, and May 14, 2013,
eighteen (18) appeals filed by VLS concerning denials it received from 18 school districts
regarding the proposal to establish a virtual school charter . The 18 districts each independently
voted to deny the charter proposal on dates ranging from April 8 through April 17, 2013.

4. The 18 appeals filed by VLS all refer to a single proposal for a virtual charter school serving
grades K to 12 proposed to open in Fall 2013. VLS sought to establish the school in the Fox
River Valley, and the proposed charter school would ultimately serve up to 2000 students within
the school`s first five years.

5. After H.B. 494 passed the House but before it was signed into law, some school districts
requested that the Commission stay the appeals while the bill was under consideration by the
Governor. On May 23, 2013, Commission staff agreed to allow the parties to file voluntary
briefs regarding (a) the pending motions to stay the appeals and (b) the effect of H.B. 494 on the
appeals if the bill became law.

6. On May 24, 2013, when H.B. 494 became Public Law 98-0016, the Commission staff
suspended evaluation of the charter school proposal.

7. On June 4, 2013, the Commission staff received briefs from 16 districts and the appellant
VLS, all taking varying positions on the appropriate resolution of the 18 appeals and proper
procedure in view of the circumstances. These submissions have been reviewed and considered
by Commission staff and counsel in this matter.

8. Based on all of the foregoing, Commission staff recommends that the Commission deny, each
and every one of the 18 above-referenced appeals, effective immediately. The charter school
proposal that is the subject of VLS`s 18 appeals is a proposal to establish a virtual charter school
in 2013. Such an establishment is not legally permitted at this time under Illinois law due to the
passage of Public Act 98-0016.

9. Upon adoption of this Staff recommendation, Staff will prepare written decisions to be sent to
the parties in these matters.

Illinois State Charter School Commission June 11, 2013
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Illinois State Charter School Commission
Michael A. Bilandic Building
160 North LaSalle Street, Suite S-601
Chicago, Illinois 60601

NEWS RELEASE
FOR IMMEDIATE RELEASE
Contact: Jeanne Nowaczewski, (312)814-1258

State Charter School Commission Set to Deny Virtual School Proposal

Executive Director Jeanne Nowaczewski has recommended that the Illinois State Charter School
Commission deny the eighteen charter school appeals submitted by the Virtual Learning Solutions to
establish the Illinois Virtual Charter School @ Fox River Valley. The Commission will meet June 11 to
act on the Executive Directors recommendation.
Virtual Learning Solutions had submitted charter school applications to eighteen suburban school districts
to operate a single virtual school serving students in those eighteen districts. Each of the eighteen districts
denied the application and Virtual Learning Solutions appealed those denials to the State Charter School
Commission in May.
On May 24, Governor Pat Quinn signed into law Public Act 98-0016, sponsored by Representative Linda
Chapa LaVia of Aurora, that establishes a moratorium on new virtual schools in Illinois until April 1,
2014.
Ms. Nowaczewski stated:
Public Act 98-0016 prohibits the establishment of a virtual school in Illinois from now until April 1,
2014. Because Virtual Learning Solutions is proposing to open a virtual school in 2013, the
establishment of that school would not comply with the Charter Law. State law gives the Commission
the power to deny charter school applications that are not in compliance with that law. As Executive
Director, I am recommending that the Commission do that at its meeting next week.
Id like to compliment all of the parties in this case and the many parents and students who have taken an
interest in this proposed school. Although there were differences of opinion about the proposal, it is
heartening to see so many people so strongly committed to improving public education for our children.
The State Charter School Commission is an independent commission established by the Illinois
legislature effective November 2011 with the power to approve or deny charter school proposals that are
denied by local school boards throughout Illinois. The Commission also serves as authorizer for two pre-
existing charter schools, Prairie Crossing and Southland, has approved two additional schools to open in
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September 2013, and is legislatively mandated to provide best practices for authorizers and regular
reports on charter schools to the legislature.
The Commissions nine members were originally nominated by Governor Quinn and appointed by the
Illinois State Board of Education. They are:
x Chairman Greg Richmond, CEO, National Association of Charter Schools Authorizers, Chicag0
x Chair, Operations Committee, Dr. Michael Jacoby, CEO, Illinois Association of School Business
Officials, DeKalb;
x Chair, Schools Committee, Jaime Guzman, Big Shoulders Fund, Chicago;
x Vice Chair Angela Rudolph, Consultant Think. Plan. Do., Chicago;
x Secretary Dr. Paul Swanstrom, retired Superintendent, Joliet Township High School, Crete;
x Member Glen Barton, former Chairman and CEO of Caterpillar, Peoria;
x Member Bill Farmer, Science Teacher and Local Education Association President, Evanston
High School, Evanston;
x Member Rudy Valdez, General ManagerAsia Programs, Hamilton-Sunstrand Corp., Rockford;
x Member DeRonda Williams, DGW Inc., Long Grove.
The Commissions offices are located at the Michael A. Bilandic Building, 160 North LaSalle Street,
Suite S-601, Chicago, IL 60601, (telephone 312.814.1258), and its website, including postings of
upcoming meetings and events is http://www.isbe.net/scsc/default.htm
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