093_SB1890

 
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 1        AN ACT regarding schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 27A-5 as follows:

 6        (105 ILCS 5/27A-5)
 7        Sec. 27A-5.  Charter school; legal entity; requirements.
 8        (a)  A  charter  school  shall be a public, nonsectarian,
 9    nonreligious,  non-home  based,  and  non-profit  school.   A
10    charter school shall be organized and operated as a nonprofit
11    corporation  or  other  discrete,  legal,  nonprofit   entity
12    authorized under the laws of this the State of Illinois.
13        (b)  A  charter  school  may  be  established  under this
14    Article by creating a new school or by converting an existing
15    public school or attendance center to charter school status.
16        (c)  A charter school shall be administered and  governed
17    by  its  board  of  directors  or other governing body in the
18    manner provided in its charter.   The  governing  body  of  a
19    charter school shall be subject to the Freedom of Information
20    Act and the Open Meetings Act.
21        (d)  A  charter  school  shall comply with all applicable
22    health and safety requirements applicable to  public  schools
23    under the laws of the State of Illinois.
24        (e)  Except  as  otherwise provided in the School Code, a
25    charter school shall not  charge  tuition;  provided  that  a
26    charter  school  may  charge  reasonable  fees for textbooks,
27    instructional materials, and student activities.
28        (f)  A  charter  school  shall  be  responsible  for  the
29    management and operation of its fiscal affairs including, but
30    not limited to, the preparation of its budget.  An  audit  of
31    each charter school's finances shall be conducted annually by
 
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 1    an  outside,  independent  contractor retained by the charter
 2    school.
 3        (g)  A charter school shall comply with all provisions of
 4    this Article and its charter.  A  charter  school  is  exempt
 5    from  all other State laws and regulations in the School Code
 6    governing public schools and  local  school  board  policies,
 7    except the following:
 8             (1)  Sections 10-21.9 and 34-18.5 of the School Code
 9        regarding    criminal    background   investigations   of
10        applicants for employment;
11             (2)  Sections 24-24 and 34-84A of  the  School  Code
12        regarding discipline of students;
13             (3)  The   Local   Governmental   and   Governmental
14        Employees Tort Immunity Act;
15             (4)  Section  108.75  of  the General Not For Profit
16        Corporation Act  of  1986  regarding  indemnification  of
17        officers, directors, employees, and agents;
18             (5)  The Abused and Neglected Child Reporting Act;
19             (6)  The Illinois School Student Records Act; and
20             (7)  Section  10-17a  of  the  School Code regarding
21        school report cards.
22        (h)  A charter school may negotiate and contract  with  a
23    school  district,  the  governing  body of a State college or
24    university or public community college, or any  other  public
25    or for-profit or nonprofit private entity for: (i) the use of
26    a  school  building and grounds or any other real property or
27    facilities that the charter school desires to use or  convert
28    for  use  as  a  charter  school site, (ii) the operation and
29    maintenance thereof, and (iii) the provision of any  service,
30    activity,  or undertaking that the charter school is required
31    to perform in order to carry out the terms  of  its  charter.
32    Except  as  provided  in  subsection  (i)  of this Section, a
33    school district may charge a charter school  reasonable  rent
34    for  the  use  of  the  district's  buildings,  grounds,  and
 
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 1    facilities.    Any   services  for  which  a  charter  school
 2    contracts with a school district shall  be  provided  by  the
 3    district  at  cost.   Any services for which a charter school
 4    contracts with a local school board  or  with  the  governing
 5    body  of  a  State  college or university or public community
 6    college shall be provided by the public entity at cost.
 7        (i)  In  no  event  shall  a  charter  school   that   is
 8    established  by  converting  an existing school or attendance
 9    center to charter school status be required to pay  rent  for
10    space that is deemed available, as negotiated and provided in
11    the   charter   agreement,  in  school  district  facilities.
12    However, all other costs for the operation and maintenance of
13    school district facilities  that  are  used  by  the  charter
14    school  shall  be  subject to negotiation between the charter
15    school and the local school board and shall be set  forth  in
16    the charter.
17        (j)  A charter school may limit student enrollment by age
18    or grade level.
19    (Source: P.A. 91-407, eff. 8-3-99.)