[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]||[ Engrossed ]||[ Enrolled ]|
92_SB0898ham001 LRB9208008NTcdam 1 AMENDMENT TO SENATE BILL 898 2 AMENDMENT NO. . Amend Senate Bill 898 on page 1, 3 line 5, after "34-43a", by inserting "and changing Sections 4 27A-11, 27A-11.5, and 34-49"; and 5 on page 1, immediately below line 13, by inserting the 6 following: 7 "(105 ILCS 5/27A-11) 8 Sec. 27A-11. Local financing. 9 (a) For purposes of the School Code, pupils enrolled in 10 a charter school shall be included in the pupil enrollment of 11 the school district within which the pupil resides. Each 12 charter school (i) shall determine the school district in 13 which each pupil who is enrolled in the charter school 14 resides, (ii) shall report the aggregate number of pupils 15 resident of a school district who are enrolled in the charter 16 school to the school district in which those pupils reside, 17 and (iii) shall maintain accurate records of daily attendance 18 that shall be deemed sufficient to file claims under Section 19 18-8 notwithstanding any other requirements of that Section 20 regarding hours of instruction and teacher certification. 21 (b) Except for a charter school established by 22 referendum under Section 27A-6.5, as part of a charter school -2- LRB9208008NTcdam 1 contract, the charter school and the local school board shall 2 agree on funding and any services to be provided by the 3 school district to the charter school. Agreed funding that a 4 charter school is to receive from the local school board for 5 a school year shall be paid in equal quarterly installments 6 with the payment of the installment for the first quarter 7 being made not later than July 1, unless the charter 8 establishes a different payment schedule. 9 All services centrally or otherwise provided by the 10 school district including, but not limited to, rent, food 11 services, custodial services, maintenance, curriculum, media 12 services, libraries, transportation, and warehousing shall be 13 subject to negotiation between a charter school and the local 14 school board and paid for out of the revenues negotiated 15 pursuant to this subsection (b); provided that the local 16 school board shall not attempt, by negotiation or otherwise, 17 to obligate a charter school to provide pupil transportation 18 for pupils for whom a district is not required to provide 19 transportation under the criteria set forth in subsection 20 (a)(13) of Section 27A-7. 21 In no event shall the funding be less than 75% or more 22 than 125% of the school district's per capita student tuition 23 multiplied by the number of students residing in the district 24 who are enrolled in the charter school. 25 It is the intent of the General Assembly that funding and 26 service agreements under this subsection (b) shall be neither 27 a financial incentive nor a financial disincentive to the 28 establishment of a charter school. 29 The charter school may set and collect reasonable fees. 30 Fees collected from students enrolled at a charter school 31 shall be retained by the charter school. 32 (c) Notwithstanding subsection (b) of this Section, the 33 proportionate share of State and federal resources generated 34 by students with disabilities or staff serving them shall be -3- LRB9208008NTcdam 1 directed to charter schools enrolling those students by their 2 school districts or administrative units. The proportionate 3 share of moneys generated under other federal or State 4 categorical aid programs shall be directed to charter schools 5 serving students eligible for that aid. 6 (d) The governing body of a charter school is authorized 7 to accept gifts, donations, or grants of any kind made to the 8 charter school and to expend or use gifts, donations, or 9 grants in accordance with the conditions prescribed by the 10 donor; however, a gift, donation, or grant may not be 11 accepted by the governing body if it is subject to any 12 condition contrary to applicable law or contrary to the terms 13 of the contract between the charter school and the local 14 school board. Charter schools shall be encouraged to solicit 15 and utilize community volunteer speakers and other 16 instructional resources when providing instruction on the 17 Holocaust and other historical events. 18 (e) (Blank). 19 (f) The State Board shall provide technical assistance, 20 including information that clearly details the process, 21 timelines, and criteria used to prepare and revise charter 22 applications, to persons and groups preparing or revising 23 charter applications. Other information, such as links to 24 external resource organizations, may also be provided. 25 (g) At the non-renewal or revocation of its charter, 26 each charter school shall refund to the local board of 27 education all unspent funds. 28 (h) A charter school is authorized to incur temporary, 29 short term debt to pay operating expenses in anticipation of 30 receipt of funds from the local school board. 31 (i) A charter school may (i) borrow money for the 32 acquisition, construction, renovation, redevelopment, and 33 equipping of school and educational facilities and for such 34 other needs as determined by the governing body of the -4- LRB9208008NTcdam 1 charter school, at such rates of interest as the governing 2 body may determine, without regard to any referendum 3 requirements, (ii) issue bonds, notes, and other obligations; 4 and (iii) secure any of its obligations, including any 5 obligation arising from the delivery of a guarantee described 6 in subsection (k) of this Section, by pledge, mortgage, or 7 deed on any or all of its property. 8 (j) The governing body of a charter school may pledge, 9 as security for the payment of its obligations, grants or 10 other revenues expected to be received from the local school 11 board, the State, or the federal government or gifts, 12 donations, or grants of any kind expected to be received by 13 the charter school from any source. 14 Any such pledge is valid and binding from the time the 15 pledge is made. The revenues, moneys, and other funds so 16 pledged and thereafter received by the charter school shall 17 immediately be subject to the lien of the pledge without any 18 physical delivery thereof or further act; and, subject only 19 to the provisions of prior agreements, the lien of the pledge 20 shall be valid and binding against all parties having claims 21 of any kind in tort, contract, or otherwise against the 22 charter school irrespective of whether these parties have 23 notice thereof. No ordinance, resolution, trust agreement, 24 or other instrument by which the pledge is created needs to 25 be filed or recorded except in the records of the charter 26 school. 27 The State Treasurer, the State Comptroller, the 28 Department of Revenue, the Department of Transportation, the 29 State Superintendent of Education, any regional 30 superintendent of schools, and the local school board shall 31 deposit or cause to be deposited any amount of grants or 32 other revenues expected to be received by a charter school 33 from that official, entity, or local school board that have 34 been pledged to the payment of obligations of the charter -5- LRB9208008NTcdam 1 school, in accordance with the authorization of the charter 2 school, directly into a designated escrow account established 3 by and at the direction of the charter school. The 4 resolution authorizing that deposit shall, within 10 days 5 after adoption by the governing body of the charter school, 6 be filed with the official, entity, or local school board 7 having custody of the pledged grants or other revenues. 8 (k) A local school board may guarantee the repayment or 9 otherwise enhance the credit of all or any portion of the 10 debt obligations of a charter school located in the school 11 district, without regard to any referendum requirements and 12 subject to the terms negotiated between the local school 13 board and the governing body of the charter school, provided 14 that the term of any such guarantee or credit enhancement 15 does not exceed 30 years. 16 (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; 17 91-407, eff. 8-3-99.) 18 (105 ILCS 5/27A-11.5) 19 Sec. 27A-11.5. State financing. The State Board of 20 Education shall make the following funds available to school 21 districts and charter schools: 22 (1) From a separate appropriation made to the State 23 Board for purposes of this subdivision (1), the State 24 Board shall make transition impact aid available to 25 school districts that approve a new charter school or 26 that have funds withheld by the State Board to fund a new 27 charter school that is chartered by the State Board. The 28 amount of the aid shall equal 90% of the per capita 29 funding paid to the charter school during the first year 30 of its initial charter term, 65% of the per capita 31 funding paid to the charter school during the second year 32 of its initial term, and 35% of the per capita funding 33 paid to the charter school during the third year of its -6- LRB9208008NTcdam 1 initial term. This transition impact aid shall be paid 2 to the local school board in equal quarterly 3 installments, with the payment of the installment for the 4 first quarter being made by August 1st immediately 5 preceding the first, second, and third years of the 6 initial term. The district shall file an application for 7 this aid with the State Board in a format designated by 8 the State Board. If the appropriation is insufficient in 9 any year to pay all approved claims, the impact aid shall 10 be prorated. Transition impact aid shall be paid 11 beginning in the 1999-2000 school year for charter 12 schools that are in the first, second, or third year of 13 their initial term.
If House Bill 230 of the 91st14 General Assembly becomes law,Transition impact aid shall 15 not be paid for any charter school that is proposed and 16 created by one or more boards of education, as authorized 17 under the provisions of Public Act 91-405 House Bill 23018 of the 91st General Assembly. 19 (2) From a separate appropriation made to the State 20 Board for the purpose of this subdivision (2), the State 21 Board shall make grants to charter schools, which shall 22 not exceed $1,000 per student enrolled in the charter 23 school, to pay the charter school's their start-upcosts 24 of acquiring educational materials and supplies, 25 textbooks, furniture, and other equipment, of acquiring, 26 remodeling, and maintaining a suitable physical plant, 27 and of any other needs as determined by the charter 28 school needed during their initial term. The State Board29 shall annually establish the time and manner of30 application for these grants, which shall not exceed $25031 per student enrolled in the charter school. 32 (3) The Charter Schools Revolving Loan Fund is 33 created as a special fund in the State treasury. Federal 34 funds, such other funds as may be made available for -7- LRB9208008NTcdam 1 costs associated with the establishment of charter 2 schools in Illinois, and amounts repaid by charter 3 schools that have received a loan from the Charter 4 Schools Revolving Loan Fund shall be deposited into the 5 Charter Schools Revolving Loan Fund, and the moneys in 6 the Charter Schools Revolving Loan Fund shall be 7 appropriated to the State Board and used to provide 8 interest-free loans to charter schools. These funds 9 shall be used to pay start-up costs of acquiring 10 educational materials and supplies, textbooks, furniture, 11 and other equipment needed in the initial term of the 12 charter school and for acquiring and remodeling a 13 suitable physical plant, within the initial term of the 14 charter school. Loans shall be limited to one loan per 15 charter school and shall not exceed $500 $250per student 16 enrolled in the charter school. A loan shall be repaid 17 by the end of the initial term of the charter school. 18 The State Board may deduct amounts necessary to repay the 19 loan from funds due to the charter school or may require 20 that the local school board that authorized the charter 21 school deduct such amounts from funds due the charter 22 school and remit these amounts to the State Board, 23 provided that the local school board shall not be 24 responsible for repayment of the loan. The State Board 25 may use up to 3% of the appropriation to contract with a 26 non-profit entity to administer the loan program. 27 (4) A charter school may apply for and shall 28 receive, subject to the same restrictions applicable to 29 school districts, any grant and programmatic funds 30 administered by the State Board that is available for 31 school districts. 32 (Source: P.A. 91-407, eff. 8-3-99; revised 8-4-99.)"; and 33 on page 1, immediately below line 21, by inserting the 34 following: -8- LRB9208008NTcdam 1 "(105 ILCS 5/34-49) (from Ch. 122, par. 34-49) 2 Sec. 34-49. Contracts, expense and liabilities without 3 appropriation. No contract shall be made or expense or 4 liability incurred by the board, or any member or committee 5 thereof, or by any person for or in its behalf, 6 notwithstanding the expenditure may have been ordered by the 7 board, unless an appropriation therefor has been previously 8 made. Neither the board, nor any member or committee, 9 officer, head of any department or bureau, or employee 10 thereof shall during a fiscal year expend or contract to be 11 expended any money, or incur any liability, or enter into any 12 contract which by its terms involves the expenditure of money 13 for any of the purposes for which provision is made in the 14 budget, in excess of the amounts appropriated in the budget. 15 Any contract, verbal or written, made in violation of this 16 Section is void as to the board, and no moneys belonging 17 thereto shall be paid thereon. Provided, however, that the 18 board may lease from any Public Building Commission created 19 pursuant to the provisions of the Public Building Commission 20 Act, approved July 5, 1955, as heretofore or hereafter 21 amended, or from any individuals, partnerships or 22 corporations, any real or personal property for the purpose 23 of securing space for its school purposes or office or other 24 space for its administrative functions for any period of time 25 not exceeding 40 years, and such lease may be made and the 26 obligation or expense thereunder incurred without making a 27 previous appropriation therefor, except as otherwise provided 28 in Section 34-21.1 of this Act. Provided that the board may 29 enter into agreements, including lease and lease purchase 30 agreements having a term not longer than 40 years from the 31 date on which such agreements are entered into, with 32 individuals, partnerships, or corporations for the 33 construction of school buildings, school administrative 34 offices, site development, and school support facilities. -9- LRB9208008NTcdam 1 The board shall maintain exclusive possession of all such 2 schools, school administrative offices, and school facilities 3 which it is occupying or acquiring pursuant to any such lease 4 or lease purchase agreement, and in addition shall have and 5 exercise complete control over the education program 6 conducted at such schools, offices and facilities. The 7 board's contribution under any such lease or lease purchase 8 agreement shall be limited to the use of the real estate and 9 existing improvements on a rental basis which shall be exempt 10 from any form of leasehold tax or assessment, but the 11 interests of the board may be subordinated to the interests 12 of a mortgage holder or holders acquired as security for 13 additional improvements made on the property; however, (1) .14 Provided thatthe board may enter into agreements, including 15 lease and lease purchase agreements, having a term not longer 16 than 40 years from the date on which such agreements are 17 entered into for the provision of school buildings and 18 related property and facilities for an agricultural science 19 school pursuant to subparagraphs (8) through (10) of Section 20 34-21.1, ;and such agreements may be made and the obligations 21 thereunder incurred without making a previous appropriation 22 therefor, and (2) the board may enter into agreements to 23 guarantee the repayment or otherwise enhance the credit of 24 the debt obligations of a charter school as provided in 25 subsection (k) of Section 27A-11 of this Code for a term not 26 to exceed 30 years. This Section does not prevent the making 27 of lawful contracts for the construction of buildings, the 28 purchase of insurance, the leasing of equipment, the purchase 29 of personal property by a conditional sales agreement, or the 30 leasing of personal property under an agreement that upon 31 compliance with the terms of which the board shall become or 32 has the option to become the owner of the property for no 33 additional consideration or for a nominal consideration, the 34 term of which may be for periods of more than 1 year, but, in -10- LRB9208008NTcdam 1 no case, shall such conditional sales agreements or leases of 2 personal property by which the board may or will become the 3 owner of the personal property, provide for the consideration 4 to be paid during a period of time in excess of 10 years nor 5 shall such contracts provide for the payment of interest in 6 excess of the maximum rate authorized by the Bond 7 Authorization Act, as amended at the time of the making of 8 the contract, on the unpaid balance owing; nor shall this 9 Section prevent the making of lawful contracts for the 10 purchase of fuel and the removal of ashes for a period from 11 July 1 of any year to June 30 of the year following, or the 12 making of lawful contracts for the transportation of pupils 13 to and from school, or the entering into of employment 14 contracts with individuals or groups of employees for any 15 period not to exceed 4 years, or the entering into contracts 16 with third parties for services otherwise performed by 17 employees for any period not to exceed 5 years provided that 18 the contracts with third parties for services provided at 19 attendance centers shall specify that the principal of an 20 attendance center shall have authority, to the maximum extent 21 possible, to direct persons assigned to the attendance center 22 pursuant to that contract, or the making of requirement 23 contracts for not to exceed one year the terms of which may 24 extend into the succeeding fiscal year provided, however, 25 that such contracts contain a limitation on the amount to be 26 expended and that such contracts shall impose no obligation 27 on the board except pursuant to written purchase order. 28 With respect to instruments for the payment of money 29 issued under this Section either before, on, or after the 30 effective date of this amendatory Act of 1989, it is and 31 always has been the intention of the General Assembly (i) 32 that the Omnibus Bond Acts are and always have been 33 supplementary grants of power to issue instruments in 34 accordance with the Omnibus Bond Acts, regardless of any -11- LRB9208008NTcdam 1 provision of this Act that may appear to be or to have been 2 more restrictive than those Acts, (ii) that the provisions of 3 this Section are not a limitation on the supplementary 4 authority granted by the Omnibus Bond Acts, and (iii) that 5 instruments issued under this Section within the 6 supplementary authority granted by the Omnibus Bond Acts are 7 not invalid because of any provision of this Act that may 8 appear to be or to have been more restrictive than those 9 Acts. 10 (Source: P.A. 89-15, eff. 5-30-95.)".
[ Top ]