Rep. Robert F. Martwick

Filed: 3/25/2014





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2    AMENDMENT NO. ______. Amend House Bill 4591 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
527A-11 as follows:
6    (105 ILCS 5/27A-11)
7    Sec. 27A-11. Local financing.
8    (a) For purposes of the School Code, pupils enrolled in a
9charter school shall be included in the pupil enrollment of the
10school district within which the pupil resides. Each charter
11school (i) shall determine the school district in which each
12pupil who is enrolled in the charter school resides, (ii) shall
13report the aggregate number of pupils resident of a school
14district who are enrolled in the charter school to the school
15district in which those pupils reside, and (iii) shall maintain
16accurate records of daily attendance that shall be deemed



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1sufficient to file claims under Section 18-8 notwithstanding
2any other requirements of that Section regarding hours of
3instruction and teacher certification.
4    (b) Except for a charter school established by referendum
5under Section 27A-6.5, as part of a charter school contract,
6the charter school and the local school board shall agree on
7funding and any services to be provided by the school district
8to the charter school. Agreed funding that a charter school is
9to receive from the local school board for a school year shall
10be paid in equal quarterly installments with the payment of the
11installment for the first quarter being made not later than
12July 1, unless the charter establishes a different payment
13schedule. However, if a charter school dismisses a pupil from
14the charter school after receiving a quarterly payment, the
15charter school shall return to the school district, on a
16quarterly basis, the prorated portion of public funding
17provided for the education of that pupil for the time the
18student is not enrolled at the charter school. Likewise, if a
19pupil transfers to a charter school between quarterly payments,
20the school district shall provide, on a quarterly basis, a
21prorated portion of the public funding to the charter school to
22provide for the education of that pupil.
23    All services centrally or otherwise provided by the school
24district including, but not limited to, rent, food services,
25custodial services, maintenance, curriculum, media services,
26libraries, transportation, and warehousing shall be subject to



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1negotiation between a charter school and the local school board
2and paid for out of the revenues negotiated pursuant to this
3subsection (b); provided that the local school board shall not
4attempt, by negotiation or otherwise, to obligate a charter
5school to provide pupil transportation for pupils for whom a
6district is not required to provide transportation under the
7criteria set forth in subsection (a)(13) of Section 27A-7.
8    In no event shall the funding be less than 75% or more than
9125% of the school district's per capita student tuition
10multiplied by the number of students residing in the district
11who are enrolled in the charter school.
12    It is the intent of the General Assembly that funding and
13service agreements under this subsection (b) shall be neither a
14financial incentive nor a financial disincentive to the
15establishment of a charter school.
16    The charter school may set and collect reasonable fees.
17Fees collected from students enrolled at a charter school shall
18be retained by the charter school.
19    (c) Notwithstanding subsection (b) of this Section, the
20proportionate share of State and federal resources generated by
21students with disabilities or staff serving them shall be
22directed to charter schools enrolling those students by their
23school districts or administrative units. The proportionate
24share of moneys generated under other federal or State
25categorical aid programs shall be directed to charter schools
26serving students eligible for that aid.



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1    (d) The governing body of a charter school is authorized to
2accept gifts, donations, or grants of any kind made to the
3charter school and to expend or use gifts, donations, or grants
4in accordance with the conditions prescribed by the donor;
5however, a gift, donation, or grant may not be accepted by the
6governing body if it is subject to any condition contrary to
7applicable law or contrary to the terms of the contract between
8the charter school and the local school board. Charter schools
9shall be encouraged to solicit and utilize community volunteer
10speakers and other instructional resources when providing
11instruction on the Holocaust and other historical events.
12    (e) (Blank).
13    (f) The State Board shall provide technical assistance to
14persons and groups preparing or revising charter applications.
15    (g) At the non-renewal or revocation of its charter, each
16charter school shall refund to the local board of education all
17unspent funds.
18    (h) A charter school is authorized to incur temporary,
19short term debt to pay operating expenses in anticipation of
20receipt of funds from the local school board.
21(Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98;
2291-407, eff. 8-3-99.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".