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91_SB1127 LRB9103806NTsb 1 AN ACT to amend the School Code by changing Sections 2 27A-9 and 27A-11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Sections 27A-9 and 27A-11 as follows: 7 (105 ILCS 5/27A-9) 8 Sec. 27A-9. Term of charter; renewal. 9 (a) A charter may be granted for a period not less than 10 3 and not more than 5 school years. A charter may be renewed 11 in incremental periods not to exceed 5 school years. 12 (b) A charter school renewal proposal submitted to the 13 local school board shall contain: 14 (1) A report on the progress of the charter school 15 in achieving the goals, objectives, pupil performance 16 standards, content standards, and other terms of the 17 initial approved charter proposal; and 18 (2) A financial statement that discloses the costs 19 of administration, instruction, and other spending 20 categories for the charter school that is understandable 21 to the general public and that will allow comparison of 22 those costs to other schools or other comparable 23 organizations, in a format required by the State Board. 24 (c) A charter may be revoked or not renewed if the local 25 school board clearly demonstrates that the charter school did 26 any of the following, or otherwise failed to comply with the 27 requirements of this law: 28 (1) Committed a material violation of any of the 29 conditions, standards, or procedures set forth in the 30 charter. 31 (2) Failed to meet or make reasonable progress -2- LRB9103806NTsb 1 toward achievement of the content standards or pupil 2 performance standards identified in the charter. 3 (3) Failed to meet generally accepted standards of 4 fiscal management. 5 (4) Violated any provision of law from which the 6 charter school was not exempted. 7 (d) (Blank). 8 (e) Notice of a local school board's decision to deny, 9 revoke or not to renew a charter shall be provided to the 10 State Board. The State Board may reverse a local board's 11 decision if the State Board finds that the charter school or 12 charter school proposal (i) is in compliance with this 13 Article, and (ii) is in the best interests of the students it 14 is designed to serve. Final decisions of the State Board 15 shall be subject to judicial review under the Administrative 16 Review Law. 17 (f) Notwithstanding other provisions of this Article, if 18 the State Board on appeal reverses a local board's decision, 19 the State Board shall act as the authorized chartering entity 20 for the charter school. The State Board shall approve and 21 certify the charter and shall perform all functions under 22 this Article otherwise performed by the local school board. 23 The State Board, not the local school board, shall provide 24 the funding necessary to pay the costs of the charter school 25 from a separate appropriation made for this purpose. The 26 amount of State aid paid to the school district shall not be 27 reduced because the State Board is providing this funding, 28 and days of attendance by pupils at the charter school for 29 which the State Board acts as the chartering entity shall be 30 accredited to and counted by the school district in which 31 those pupils reside for purposes of determining the average 32 daily attendance of and State aid payable to that district 33 under Section 18-8.05, notwithstanding any other requirements 34 of Section 18-8.05 regarding hours of instruction and teacher -3- LRB9103806NTsb 1 certification. The State Board shall report the aggregate 2 number of charter school pupils resident in a school district 3 to that district and shall notify the district of the amount 4 of funding to be paid by the State Board to the charter 5 school enrolling such students.
The State Board shall6 withhold from funds otherwise due the district the funds7 authorized by this Article to be paid to the charter school8 and shall pay such amounts to the charter school.9 The changes made to this subsection (f) by this 10 amendatory Act of the 91st General Assembly apply beginning 11 June 1, 1998. 12 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.) 13 (105 ILCS 5/27A-11) 14 Sec. 27A-11. Financing. 15 (a) For purposes of the School Code, pupils enrolled in 16 a charter school shall be included in the pupil enrollment of 17 the school district within which the pupil resides. Each 18 charter school (i) shall determine the school district in 19 which each pupil who is enrolled in the charter school 20 resides, (ii) shall report the aggregate number of pupils 21 resident of a school district who are enrolled in the charter 22 school to the school district in which those pupils reside, 23 and (iii) shall maintain accurate records of daily attendance 24 that shall be deemed sufficient to file claims under Section 25 18-8.05 18-8notwithstanding any other requirements of that 26 Section regarding hours of instruction and teacher 27 certification. 28 (b) As part of a charter school contract, the charter 29 school and the local school board shall agree on funding and 30 any services to be provided by the school district to the 31 charter school. Agreed funding that a charter school is to 32 receive from the local school board for a school year shall 33 be paid in equal quarterly installments with the payment of -4- LRB9103806NTsb 1 the installment for the first quarter being made not later 2 than July 1, unless the charter establishes a different 3 payment schedule. However, if the State Board acts as the 4 authorized chartering entity for the charter school, funding 5 that is to be received, services that are to be provided, and 6 time of payment shall be negotiated by the State Board and 7 charter school. 8 All services centrally or otherwise provided by the 9 school district including, but not limited to, food services, 10 custodial services, maintenance, curriculum, media services, 11 libraries, transportation, and warehousing shall be subject 12 to negotiation between a charter school and the local school13 boardand paid for out of the revenues negotiated pursuant to 14 this subsection (b); provided that the local school board or 15 State Board shall not attempt, by negotiation or otherwise, 16 to obligate a charter school to provide pupil transportation 17 for pupils for whom a district is not required to provide 18 transportation under the criteria set forth in subsection 19 (a)(13) of Section 27A-7. 20 In no event shall the funding be less than 75% or more 21 than 125% of the school district's per capita student tuition 22 multiplied (i) for the first school year that the charter 23 school is in operation, by the number of students residing in 24 the district who are enrolled in the charter school or (ii) 25 after the first school year that the charter school is in 26 operation, by the average daily attendance figure for the 27 charter school as computed under this subsection (b). For the 28 purposes of this subsection (b), the average daily attendance 29 figure for a charter school shall be computed in a manner 30 deemed sufficient to file claims under Section 18-8.05 31 notwithstanding any other requirements of Section 18-8.05 32 regarding hours of instruction and teacher certification. 33 It is the intent of the General Assembly that funding and 34 service agreements under this subsection (b) shall be neither -5- LRB9103806NTsb 1 a financial incentive nor a financial disincentive to the 2 establishment of a charter school. 3 Fees collected from students enrolled at a charter school 4 shall be retained by the charter school. 5 The changes made to this subsection (b) by this 6 amendatory Act of the 91st General Assembly apply beginning 7 June 1, 1998. 8 (c) Notwithstanding subsection (b) of this Section, the 9 proportionate share of State and federal resources generated 10 by students with disabilities or staff serving them shall be 11 directed to charter schools enrolling those students by their 12 school districts or administrative units. The proportionate 13 share of moneys generated under other federal or State 14 categorical aid programs shall be directed to charter schools 15 serving students eligible for that aid. 16 (d)(1) The governing body of a charter school is 17 authorized to accept gifts, donations, or grants of any kind 18 made to the charter school and to expend or use gifts, 19 donations, or grants in accordance with the conditions 20 prescribed by the donor; however, a gift, donation, or grant 21 may not be accepted by the governing body if it is subject to 22 any condition contrary to applicable law or contrary to the 23 terms of the contract between the charter school and the 24 local school board. Charter schools shall be encouraged to 25 solicit and utilize community volunteer speakers and other 26 instructional resources when providing instruction on the 27 Holocaust and other historical events. 28 (2) From amounts appropriated to the State Board for 29 purposes of this subsection (d)(2), the State Board may make 30 loans to charter schools established under this Article to be 31 used by those schools to defer their start-up costs of 32 acquiring textbooks and laboratory and other equipment 33 required for student instruction. Any such loan shall be made 34 to a charter school at the inception of the term of its -6- LRB9103806NTsb 1 charter, under terms established by the State Board, and 2 shall be repaid by the charter school over the term of its 3 charter. A local school board is not responsible for the 4 repayment of the loan. 5 (e) No later than January 1, 1997, the State Board shall 6 issue a report to the General Assembly and the Governor 7 describing the charter schools certified under this Article, 8 their geographic locations, their areas of focus, and the 9 numbers of school children served by them. 10 (f) The State Board shall provide technical assistance 11 to persons and groups preparing or revising charter 12 applications. 13 (g) At the non-renewal or revocation of its charter, 14 each charter school shall refund to the local board of 15 education all unspent funds. 16 (h) A charter school is authorized to incur temporary, 17 short term debt to pay operating expenses in anticipation of 18 receipt of funds from the local school board. 19 (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98; 20 90-757, eff. 8-14-98.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
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