Pam Adams wrote on February 14th, that it was illegal for District 150 to sell property to a charter school.
District 150 is selling the buildings to the county, which will then sell them to the charter school because school laws prevent the district from selling the buildings directly to the charter school.pjstar February 14, 2012
- On Feb 14 the District 150 School Board voted to sell the property to Peoria County.
- On Feb 16 State Representative Jehan Gordon introduced legislation to make it legal for a public school to sell property directly to a charter school.
HB5659 Introduced 2/16/2012, by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED: 105 ILCS 5/5-22 from Ch. 122, par. 5-22; and 105 ILCS 5/5-24 from Ch. 122, par. 5-24 Amends the Trustees of Schools Article of the School Code. In provisions allowing a school board to sell property to another school district in the manner provided in the Local Government Property Transfer Act, specifies that another school district includes a charter school. In provisions concerning a petition requesting the sale of school grounds and buildings to another school district, specifies that another school district includes a charter school, and makes conforming changes. Effective immediately.
Read the entire bill here, the changes to the bill are underlined.
23 comments:
According to new reports, Mr. Knapp addressed this during the public speaking portion of the meeting.
Thank you Emerge and Terry for staying diligent. Sounds very shady. Taxpayers beware.
It makes no sense. District 150 sells off an asset to county who pays with our taxes to be sold to Quest who pays for it with our taxes (via District 150) Essentially the school district just bought its own buildings for $300,000. Only in Peoria. Hey city council perhaps you can sell them a hotel and they could sell it back to you and you could convince the idiots who voted you in again, what a great deal they are getting.
The shell game.
I don't think the county bought the buildings. I believe the county is just the middleman. I didn't see anywhere where the county made the purchase. Quest will pay the county who will then pay the school is my understanding.
I don't think the county bought the buildings. I believe the county is just the middleman. I didn't see anywhere where the county made the purchase. Quest will pay the county who will then pay the school is my understanding.
how could the county take the money for something it doesn't own
Exactly! But no where did it say the county bought the buildings. So how could it be done the way it was?
So if 150 is ultimately the seller, then the transaction is illegal and Jehan appears to be making an attempt to make it legal ex post factor.
Illinois law allows a school district to sell property such as a school to another school district or other form of local government. That is what D150 did - sold the buildings to Peoria County.
Illinois law does not restrict a county government from selling a property directly to an entity without a public auction. That is how Peoria County is selling the buildings to Quest.
Gordon's bill merely changes the Illinois School Code to allow a school district to sell/transfer a property directly to a charter school without having to go through a "middleman" and without having to go through a public auction or voters' petition.
The students of Quest ARE public school students. They ARE a part of D150. Though it is a separately run school with a non-elected board, the District holds Quest's charter and must authorize its continued existence. Not only are the transactions involving the buildings legal, but the spirit of the Local Government Property Transfer Act has been maintained.
When Sharon comes back...so does Jon!
Jon, Sharon is not interested.
Yes, I am interested. At the moment a bit preoccupied with tending to my new knee replacement. :) I'll accept light on the subject from anyone, even Jon.
Pam Adams brought this issue to our attention when she stated that it is illegal for a school district to sell property to a charter school.
So, Jon, to start with is she right or wrong?
If Quest is a 150 school, then why would they have to pay any money at all to be housed in a 150 building--other 150 schools don't pay for their buildings?
The timing of Jehan's bill seems strange since this transaction apparently has already taken place--at least, the 150 board voted to sell the property to Peoria County.
It does seem strange (maybe not so much) that Jon has chosen to reappear right after my hospital stay ended. :)
The statement "it is illegal for a school district to sell property to a charter school" is NOT true inasmuch as a charter school CAN buy property from a school district as part of an auction. However, a school district cannot sell or transfer a property directly to a charter school without a public auction, as per current law.
Quest is a D150 school but operates on its own budget and is funded on a per pupil basis as agreed by D150. Buying or renting a school, and the amount, if any, to be charged is merely part of the overall negotiations for what Quest will receive.
School districts must follow numerous state and federal laws - not least among them the Illinois School Code. The Code was changed to allow for charter schools. However, it is often discovered later that other parts of the School Code need to be addressed to account for charter schools. The situation in Peoria hi-lighted that issue and Gordon responded by introducing a bill so that other districts/charters won't run in to the same issue. Fortunately for D1150 and Quest, it had a willing and able partner in Peoria County.
Maybe the district can sell the houses on Prospect to Quest as well. Although, I hear LuhToy has plans to turn one of the houses into the nation's first Hello Kitty wax museum.
The law is the law, Jon. And you may have a handle on it. However, your explanation didn't provide any information about why a middleman can buy the property without an auction and/or why a government body such as Peoria county is an appropriate middleman. I can understand if Glen Barton had bought the buildings at auction and then sold or gave the buildings to Quest, but so far your explanation doesn't answer the above questions.
And Jon still has not answered why he disappeared for the same length of time as Sharon. Did Jon have a knee replacement?
Emerge's link provides the pertinent section of the Illinois School Code for this situation. Further, if you read that section, you'll see reference to the Illinois Local Government Property Transfer Act, which can be found here:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=729&ChapterID=11
That section, together with the School Code, allows a school district to transfer property to another local government or school district without an auction. In other words, it needs to be a particular type of "middleman", such as Peoria County.
But the law is still the law until it is changed in Springfield. So the law permits the property to be transferred to another government body, but where is the sanction for selling the property to a charter school--thus circumventing the law. As I see it, the law should be changed first.
The "sanction" for selling directly to a charter school is contained within the Illinois School Code. Peoria County is not bound by the School Code and has no restriction.
There is no law change required for D-150 to sell to Peoria County who then sells to Quest as I understand it.
The pending act would simply remove the current requirement for the use of the middleman in the transaction, right?
Correct, spikeless.
Yes, Pam Adams' article today does explain this transaction.
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