Illinois Compiled Statutes
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SCHOOLS105 ILCS 5/27-24.9
(105 ILCS 5/) School Code.
(105 ILCS 5/27-24.9)
Driver education standards.
The State Board of Education, in consultation with the Secretary of State, shall adopt course content standards for driver education for those persons under the age of 18 years, which shall include the operation and equipment of motor vehicles.
(Source: P.A. 97-1025, eff. 1-1-13.)
105 ILCS 5/27-24.10
(105 ILCS 5/27-24.10)
The State Board of Education shall annually prepare a report to be posted on the State Board's Internet website that indicates the approximate per capita driver education cost for each school district required to provide driver education. This report, compiled each spring from data reported the previous school year, shall be computed from expenditure data for driver education submitted by school districts on the annual financial statements required pursuant to Section 3-15.1 of this Code and the number of students provided driver education for that school year, as required to be reported under Section 27-24.5 of this Code.
(Source: P.A. 97-1025, eff. 1-1-13.)
105 ILCS 5/prec. Sec. 27-25
(105 ILCS 5/prec. Sec. 27-25 heading)
NUCLEAR ENERGY EDUCATION ACT
(Source: Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25
(105 ILCS 5/27-25)
(Source: P.A. 76-1835. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.1
(105 ILCS 5/27-25.1)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.2
(105 ILCS 5/27-25.2)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.3
(105 ILCS 5/27-25.3)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-25.4
(105 ILCS 5/27-25.4)
(Source: P.A. 81-1508. Repealed by P.A. 95-793, eff. 1-1-09.)
105 ILCS 5/27-26
(105 ILCS 5/27-26)
(Source: P.A. 78-1245. Repealed by P.A. 94-600, eff. 8-16-05.)
105 ILCS 5/27-27
(105 ILCS 5/27-27)
(from Ch. 122, par. 27-27)
When school districts use a system of categorizing classes
of instruction by degree of difficulty and issues grades in accordance
therewith, identification of said system shall be reflected in the affected
students' class ranking and permanent records.
(Source: P.A. 81-707.)
105 ILCS 5/Art. 27A
(105 ILCS 5/Art. 27A heading)
105 ILCS 5/27A-1
(105 ILCS 5/27A-1)
Short title and application.
This Article may be cited as
the Charter Schools Law. This Article applies in all school districts,
including special charter districts and school districts located in cities
having a population of more than 500,000.
(Source: P.A. 89-450, eff. 4-10-96.)
105 ILCS 5/27A-2
(105 ILCS 5/27A-2)
(a) The General Assembly finds and declares as follows:
(1) Encouraging educational excellence is in the best
interests of the people of this State.
(2) There are educators, community members, and
parents in Illinois who can offer flexible and innovative educational techniques and programs, but who lack an avenue through which to provide them within the public school system.
(3) The enactment of legislation authorizing charter
schools to operate in Illinois will promote new options within the public school system and will provide pupils, educators, community members, and parents with the stimulus to strive for educational excellence.
(b) The General Assembly further finds and declares that this Article is
enacted for the following purposes:
(1) To improve pupil learning by creating schools
with high, rigorous standards for pupil performance.
(2) To increase learning opportunities for all
pupils, with special emphasis on expanded learning experiences for at-risk pupils, consistent, however, with an equal commitment to increase learning opportunities for all other groups of pupils in a manner that does not discriminate on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services.
(3) To encourage the use of teaching methods that may
be different in some respects than others regularly used in the public school system.
(4) To allow the development of new, different, or
alternative forms of measuring pupil learning and achievement.
(5) To create new professional opportunities for
teachers, including the opportunity to be responsible for the learning program at the school site.
(6) To provide parents and pupils with expanded
choices within the public school system.
(7) To encourage parental and community involvement
(8) To hold charter schools accountable for meeting
rigorous school content standards and to provide those schools with the opportunity to improve accountability.
(c) In authorizing charter schools, it is the intent of the General Assembly
to create a legitimate avenue for parents,
teachers, and community members to take responsible risks and create new,
innovative, and more flexible ways of educating children
within the public
school system. The General Assembly seeks to create opportunities within the
public school system of Illinois for development of
innovative and accountable
The provisions of this
Article should be interpreted liberally to support the findings and goals of
this Section and to advance a renewed commitment by the State of Illinois to
the mission, goals, and diversity of public education.
(Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)
105 ILCS 5/27A-3
(105 ILCS 5/27A-3)
For purposes of this Article:
"At-risk pupil" means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional
"Authorizer" means an entity authorized under this Article to review applications, decide whether to approve or reject applications, enter into charter contracts with applicants, oversee charter schools, and decide whether to renew, not renew, or revoke a charter.
"Commission" means the State Charter School Commission established under Section 27A-7.5 of this Code.
"Local school board" means the duly elected or appointed school board or
board of education of a public school district, including special charter
districts and school districts located in cities having a population of more
than 500,000, organized under the laws of this State.
"State Board" means the State Board of Education.
(Source: P.A. 97-152, eff. 7-20-11.)
105 ILCS 5/27A-4
(105 ILCS 5/27A-4)
(a) The General Assembly does not intend to alter or amend the provisions
of any court-ordered desegregation plan in effect for any school district. A
charter school shall be subject to all federal and State laws and
constitutional provisions prohibiting discrimination on the basis of
disability, race, creed, color, gender, national origin, religion, ancestry,
marital status, or need for special education services.
(b) The total number of charter schools operating under this Article at any
one time shall not exceed 120. Not more than 70 charter
shall operate at any one time in any city having a population exceeding
500,000, with at least 5 charter schools devoted exclusively to students from low-performing or overcrowded schools operating at any one time in that city; and not more than 45
charter schools shall operate at any one time in the remainder of the State, with not
more than one charter school that
has been initiated by a board of education, or
by an intergovernmental agreement between or among boards of education,
operating at any one
time in the school district where the charter school is located. In addition to these charter schools, up to but no more than 5 charter schools devoted exclusively to re-enrolled high school dropouts and/or students 16 or 15 years old at risk of dropping out may operate at any one time in any city having a population exceeding 500,000. Notwithstanding any provision to the contrary in subsection (b) of Section 27A-5 of this Code, each such dropout charter may operate up to 15 campuses within the city. Any of these dropout charters may have a maximum of 1,875 enrollment seats, any one of the campuses of the dropout charter may have a maximum of 165 enrollment seats, and each campus of the dropout charter must be operated, through a contract or payroll, by the same legal entity as that for which the charter is approved and certified.
For purposes of implementing this Section, the State Board shall assign a
number to each charter submission it receives under Section 27A-6 for its
review and certification, based on the chronological order in which the
submission is received by it. The State Board shall promptly notify local
school boards when the maximum numbers of certified charter schools authorized
to operate have been reached.
(c) No charter shall be granted under this Article that would convert any
existing private, parochial, or non-public school to a charter school.
(d) Enrollment in a charter school shall be open to any pupil who resides
within the geographic boundaries of the area served by the local school board, provided that the board of education in a city having a population exceeding 500,000 may designate attendance boundaries for no more than one-third of the charter schools permitted in the city if the board of education determines that attendance boundaries are needed to relieve overcrowding or to better serve low-income and at-risk students. Students residing within an attendance boundary may be given priority for enrollment, but must not be required to attend the charter school.
(e) Nothing in this Article shall prevent 2 or more local school boards from
issuing a charter to a single shared charter school, provided that all of the
provisions of this Article are met as to those local school boards.
(f) No local school board shall require any employee of the school district
to be employed in a charter school.
(g) No local school board shall require any pupil residing within the
geographic boundary of its district to enroll in a charter school.
(h) If there are more eligible applicants for enrollment in a charter school
than there are spaces available, successful applicants shall be selected by
lottery. However, priority shall be given to siblings of pupils enrolled in
the charter school and to pupils who were enrolled in the charter school the
previous school year, unless expelled for cause, and priority may be given to pupils residing within the charter school's attendance boundary, if a boundary has been designated by the board of education in a city having a population exceeding 500,000. Dual enrollment at both a
charter school and a public school or non-public school shall not be allowed.
A pupil who is suspended or expelled from a charter school shall be deemed to
be suspended or expelled from the public schools of the school district in
which the pupil resides. Notwithstanding anything to the contrary in this subsection (h):
(1) any charter school with a mission exclusive to
educating high school dropouts may grant priority admission to students who are high school dropouts and/or students 16 or 15 years old at risk of dropping out and any charter school with a mission exclusive to educating students from low-performing or overcrowded schools may restrict admission to students who are from low-performing or overcrowded schools; "priority admission" for charter schools exclusively devoted to re-enrolled dropouts or students at risk of dropping out means a minimum of 90% of students enrolled shall be high school dropouts; and
(2) any charter school located in a school district
that contains all or part of a federal military base may set aside up to 33% of its current charter enrollment to students with parents assigned to the federal military base, with the remaining 67% subject to the general enrollment and lottery requirements of subsection (d) of this Section and this subsection (h); if a student with a parent assigned to the federal military base withdraws from the charter school during the course of a school year for reasons other than grade promotion, those students with parents assigned to the federal military base shall have preference in filling the vacancy.
(j) Notwithstanding any other provision of law to the contrary, a
school district in a city having a population exceeding 500,000 shall not
have a duty to collectively bargain with an exclusive representative of its
employees over decisions to grant or deny a charter school proposal
under Section 27A-8 of this Code, decisions to renew or revoke a charter
under Section 27A-9 of this Code, and the impact of these decisions,
provided that nothing in this Section shall have the effect of negating,
abrogating, replacing, reducing, diminishing, or limiting in any way
employee rights, guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, 14, and 15 of the Illinois Educational Labor Relations Act.
(k) In this Section:
"Low-performing school" means a public school in a school district organized under Article 34 of this Code that enrolls students in any of grades kindergarten through 8 and that is ranked within the lowest 10% of schools in that district in terms of the percentage of students meeting or exceeding standards on the Illinois Standards Achievement Test.
"Overcrowded school" means a public school in a school district organized under Article 34 of this Code that (i) enrolls students in any of grades kindergarten through 8, (ii) has a percentage of low-income students of 70% or more, as identified in the most recently available School Report Card published by the State Board of Education, and (iii) is determined by the Chicago Board of Education to be in the most severely overcrowded 5% of schools in the district. On or before November 1 of each year, the Chicago Board of Education shall file a report with the State Board of Education on which schools in the district meet the definition of "overcrowded school". "Students at risk of dropping out" means students 16 or 15 years old in a public school in a district organized under Article 34 of this Code that enrolls students in any grades 9-12 who have been absent at least 90 school attendance days of the previous 180 school attendance days.
(Source: P.A. 97-151, eff. 1-1-12; 97-624, eff. 11-28-11; 97-813, eff. 7-13-12; 98-474, eff. 8-16-13.)
105 ILCS 5/27A-5
(105 ILCS 5/27A-5)
Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home
based, and non-profit school. A charter school shall be organized and operated
as a nonprofit corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new
school or by converting an existing public school or attendance center to
Beginning on the effective date of this amendatory Act of the 93rd General
Assembly, in all new
applications submitted to the State Board or a local school board to establish
school in a city having a population exceeding 500,000, operation of the
school shall be limited to one campus. The changes made to this Section by this
of the 93rd General
Assembly do not apply to charter schools existing or approved on or before the
effective date of this
(b-5) In this subsection (b-5), "virtual-schooling" means the teaching of courses through online methods with online instructors, rather than the instructor and student being at the same physical location. "Virtual-schooling" includes without limitation instruction provided by full-time, online virtual schools.
From April 1, 2013 through April 1, 2014, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by its board of
directors or other governing body
in the manner provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open Meetings Act.
(d) A charter school shall comply with all applicable health and safety
requirements applicable to public schools under the laws of the State of
(e) Except as otherwise provided in the School Code, a charter school shall
not charge tuition; provided that a charter school may charge reasonable fees
for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation
of its fiscal affairs including,
but not limited to, the preparation of its budget. An audit of each charter
school's finances shall be conducted annually by an outside, independent
contractor retained by the charter school. Annually, by December 1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter
school is exempt from all other State laws and regulations in the School Code
schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental Employees
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act;
(7) Section 10-17a of the School Code regarding
(8) The P-20 Longitudinal Education Data System Act.
The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a school district, the
governing body of a State college or university or public community college, or
any other public or for-profit or nonprofit private entity for: (i) the use
of a school building and grounds or any other real property or facilities that
the charter school desires to use or convert for use as a charter school site,
(ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter
school is required to perform in order to carry out the terms of its charter.
However, a charter school
that is established on
after the effective date of this amendatory Act of the 93rd General
Assembly and that operates
in a city having a population exceeding
500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences on the
effective date of this amendatory Act of the 93rd General Assembly and
concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may
charge a charter school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a charter school
with a school district shall be provided by the district at cost. Any services
for which a charter school contracts with a local school board or with the
governing body of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an
existing school or attendance center to charter school status be required to
pay rent for space
that is deemed available, as negotiated and provided in the charter agreement,
in school district
facilities. However, all other costs for the operation and maintenance of
school district facilities that are used by the charter school shall be subject
to negotiation between
the charter school and the local school board and shall be set forth in the
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
105 ILCS 5/27A-6
(105 ILCS 5/27A-6)
Contract contents; applicability of laws and regulations.
(a) A certified charter shall constitute a binding contract and agreement
the charter school and a local school board under the terms of which the local
school board authorizes the governing body of the charter school to operate the
school on the terms specified in the contract.
(b) Notwithstanding any other provision of this Article, the certified
not waive or release the charter school from the State goals, standards, and
assessments established pursuant to Section 2-3.64.
Beginning with the 2003-2004 school year, the certified charter for a charter
school operating in a city having a population exceeding 500,000 shall
require the charter school to administer any other nationally recognized
standardized tests to its students that the chartering entity administers to
students, and the results on such tests shall be included in the
chartering entity's assessment reports.
(c) Subject to the provisions of subsection (e), a material revision to a
previously certified contract or a renewal shall be made with
the approval of both the local school board and the governing body of the
(c-5) The proposed contract shall include a provision on how both parties
will address minor violations of the contract.
(d) The proposed contract between the governing body of a proposed charter
school and the local school board as described in Section 27A-7 must be
submitted to and certified by the State Board before it can take effect. If
the State Board recommends that the proposed contract be modified for
consistency with this Article before it can be certified, the modifications
must be consented to by both the governing body of
the charter school and the local school board, and resubmitted to the State
Board for its certification. If the proposed contract is resubmitted in a form
that is not consistent with this Article, the State
Board may refuse to certify the charter.
The State Board shall assign a number to each submission or resubmission in
chronological order of receipt, and shall determine whether the proposed
contract is consistent with the provisions of this Article. If the proposed
contract complies, the State Board shall so certify.
(e) No material revision to a previously certified contract or a renewal
shall be effective unless and until the State Board certifies that the revision
or renewal is consistent with the provisions of this Article.
(Source: P.A. 93-3, eff. 4-16-03.)
105 ILCS 5/27A-6.5
(105 ILCS 5/27A-6.5)
Charter school referendum.
(a) No charter shall be approved under this Section that would convert any
existing private, parochial, or non-public school to a charter school or whose
proposal has not been
certified by the State Board.
(b) A local school board shall, whenever petitioned to do so by 5% or more
voters of a school district or districts identified in a charter school
proposal, order submitted to the voters thereof at a
election the question of whether a new charter school shall be established,
has been certified by the State Board to be in compliance with the
provisions of this Article,
and the secretary shall certify the proposition to the proper election
for submission in accordance with the general election law. The proposition
shall be in
substantially the following form:
"FOR the establishment of (name of proposed charter
school) under charter school proposal (charter school proposal number).
AGAINST the establishment of (name of proposed
charter school) under charter school proposal (charter school proposal number)".
(c) Before circulating a petition to submit the question of whether to
establish a charter school to the voters under subsection (b) of this Section,
the governing body of a
that desires to establish a
school by referendum shall submit the charter school proposal to
the State Board
in the form of a proposed contract to be entered into
between the State Board
and the governing body of the proposed charter school, as provided
Section 27A-6, together with written notice of the intent to have
a new charter school established by referendum.
The contract shall comply with the provisions of this Article.
If the State Board finds that the proposed contract complies with the
of this Article, it
certify that the
proposed contract complies with the provisions of this Article and direct the
local school board to notify the proper
election authorities that the question of whether to establish a new charter
shall be submitted for referendum.
(d) If the State Board finds that the proposal fails to comply with the
provisions of this Article, it shall refuse to certify the proposal and provide
written explanation, detailing its reasons for refusal, to the local school
to the individuals or organizations submitting the proposal. The State
Board shall also notify the local school board and the individuals or
organizations submitting the proposal that the proposal may be amended and
resubmitted under the same provisions required for an original submission.
(e) If a majority of the votes cast upon the proposition in each school
district designated in the charter school proposal is in favor of
a charter school, the local school board shall notify the State Board of
the proposition in favor of establishing a charter school and the State
shall approve the charter within 7 days
the State Board of Elections has certified that a
of the votes cast upon the proposition is in favor of establishing a charter
school. The State Board shall be the chartering entity for charter
schools established by referendum under this Section.
(Source: P.A. 91-407, eff. 8-3-99.)
105 ILCS 5/27A-7
(105 ILCS 5/27A-7)
(a) A proposal to establish a charter school shall be submitted to the
State Board and the local school board in the form of a proposed contract
into between the local school board and the governing body of a proposed
charter school. The
charter school proposal as submitted to the State Board shall include:
(1) The name of the proposed charter school, which
must include the words "Charter School".
(2) The age or grade range, areas of focus, minimum
and maximum numbers of pupils to be enrolled in the charter school, and any other admission criteria that would be legal if used by a school district.
(3) A description of and address for the physical
plant in which the charter school will be located; provided that nothing in the Article shall be deemed to justify delaying or withholding favorable action on or approval of a charter school proposal because the building or buildings in which the charter school is to be located have not been acquired or rented at the time a charter school proposal is submitted or approved or a charter school contract is entered into or submitted for certification or certified, so long as the proposal or submission identifies and names at least 2 sites that are potentially available as a charter school facility by the time the charter school is to open.
(4) The mission statement of the charter school,
which must be consistent with the General Assembly's declared purposes; provided that nothing in this Article shall be construed to require that, in order to receive favorable consideration and approval, a charter school proposal demonstrate unequivocally that the charter school will be able to meet each of those declared purposes, it being the intention of the Charter Schools Law that those purposes be recognized as goals that charter schools must aspire to attain.
(5) The goals, objectives, and pupil performance
standards to be achieved by the charter school.
(6) 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 the approval of certified teachers, parents and guardians, and, if applicable, a local school council as provided in subsection (b) of Section 27A-8.
(7) A description of the charter school's educational
program, pupil performance standards, curriculum, school year, school days, and hours of operation.
(8) A description of the charter school's plan for
evaluating pupil performance, the types of assessments that will be used to measure pupil progress towards achievement of the school's pupil performance standards, the timeline for achievement of those standards, and the procedures for taking corrective action in the event that pupil performance at the charter school falls below those standards.
(9) Evidence that the terms of the charter as
proposed are economically sound for both the charter school and the school district, a proposed budget for the term of the charter, a description of the manner in which an annual audit of the financial and administrative operations of the charter school, including any services provided by the school district, are to be conducted, and a plan for the displacement of pupils, teachers, and other employees who will not attend or be employed in the charter school.
(10) A description of the governance and operation of
the charter school, including the nature and extent of parental, professional educator, and community involvement in the governance and operation of the charter school.
(11) An explanation of the relationship that will
exist between the charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any. However, a bargaining unit of charter school employees shall be separate and distinct from any bargaining units formed from employees of a school district in which the charter school is located.
(12) An agreement between the parties regarding their
respective legal liability and applicable insurance coverage.
(13) A description of how the charter school plans to
meet the transportation needs of its pupils, and a plan for addressing the transportation needs of low-income and at-risk pupils.
(14) The proposed effective date and term of the
charter; provided that the first day of the first academic year and the first day of the fiscal year shall be no earlier than August 15 and no later than September 15 of a calendar year.
(15) Any other information reasonably required by the
State Board of Education.
(b) A proposal to establish a charter school may be initiated by individuals
or organizations that will have
majority representation on the board of directors or other governing body of
the corporation or other discrete legal entity that is to be established to
operate the proposed charter school, by a board of education or an
intergovernmental agreement between or among boards of education, or by the
board of directors or other
governing body of a discrete legal entity already existing or established to
operate the proposed
charter school. The individuals or organizations referred to in this
subsection may be school teachers, school administrators, local school
councils, colleges or
universities or their faculty
members, public community colleges or their instructors or other
representatives, corporations, or other entities or their
representatives. The proposal shall be
submitted to the local school board for consideration and, if
development of a proposed contract to be submitted to the State Board for
(c) The local school board may not without the consent of the governing body
of the charter school condition its approval of a charter school proposal on
acceptance of an agreement to operate under State laws and regulations and
local school board policies from which the charter school is otherwise exempted
under this Article.
(Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)