Illinois General Assembly - Full Text of HB5225
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Full Text of HB5225  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/8/2012, by Rep. Thaddeus Jones


105 ILCS 5/27A-5

    Amends the School Code. Makes a technical change in a Section concerning charter schools.

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HB5225LRB097 19906 RPM 65195 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
527A-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,
9nonreligious, non-home based, and and non-profit school. A
10charter school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status. Beginning
16on the effective date of this amendatory Act of the 93rd
17General Assembly, in all new applications submitted to the
18State Board or a local school board to establish a charter
19school in a city having a population exceeding 500,000,
20operation of the charter school shall be limited to one campus.
21The changes made to this Section by this amendatory Act of the
2293rd General Assembly do not apply to charter schools existing
23or approved on or before the effective date of this amendatory



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2    (c) A charter school shall be administered and governed by
3its board of directors or other governing body in the manner
4provided in its charter. The governing body of a charter school
5shall be subject to the Freedom of Information Act and the Open
6Meetings Act.
7    (d) A charter school shall comply with all applicable
8health and safety requirements applicable to public schools
9under the laws of the State of Illinois.
10    (e) Except as otherwise provided in the School Code, a
11charter school shall not charge tuition; provided that a
12charter school may charge reasonable fees for textbooks,
13instructional materials, and student activities.
14    (f) A charter school shall be responsible for the
15management and operation of its fiscal affairs including, but
16not limited to, the preparation of its budget. An audit of each
17charter school's finances shall be conducted annually by an
18outside, independent contractor retained by the charter
19school. Annually, by December 1, every charter school must
20submit to the State Board a copy of its audit and a copy of the
21Form 990 the charter school filed that year with the federal
22Internal Revenue Service.
23    (g) A charter school shall comply with all provisions of
24this Article, the Illinois Educational Labor Relations Act, and
25its charter. A charter school is exempt from all other State
26laws and regulations in the School Code governing public



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1schools and local school board policies, except the following:
2        (1) Sections 10-21.9 and 34-18.5 of the School Code
3    regarding criminal history records checks and checks of the
4    Statewide Sex Offender Database and Statewide Murderer and
5    Violent Offender Against Youth Database of applicants for
6    employment;
7        (2) Sections 24-24 and 34-84A of the School Code
8    regarding discipline of students;
9        (3) The Local Governmental and Governmental Employees
10    Tort Immunity Act;
11        (4) Section 108.75 of the General Not For Profit
12    Corporation Act of 1986 regarding indemnification of
13    officers, directors, employees, and agents;
14        (5) The Abused and Neglected Child Reporting Act;
15        (6) The Illinois School Student Records Act;
16        (7) Section 10-17a of the School Code regarding school
17    report cards; and
18        (8) The P-20 Longitudinal Education Data System Act.
19    The change made by Public Act 96-104 to this subsection (g)
20is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert



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1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required to
4perform in order to carry out the terms of its charter.
5However, a charter school that is established on or after the
6effective date of this amendatory Act of the 93rd General
7Assembly and that operates in a city having a population
8exceeding 500,000 may not contract with a for-profit entity to
9manage or operate the school during the period that commences
10on the effective date of this amendatory Act of the 93rd
11General Assembly and concludes at the end of the 2004-2005
12school year. Except as provided in subsection (i) of this
13Section, a school district may charge a charter school
14reasonable rent for the use of the district's buildings,
15grounds, and facilities. Any services for which a charter
16school contracts with a school district shall be provided by
17the district at cost. Any services for which a charter school
18contracts with a local school board or with the governing body
19of a State college or university or public community college
20shall be provided by the public entity at cost.
21    (i) In no event shall a charter school that is established
22by converting an existing school or attendance center to
23charter school status be required to pay rent for space that is
24deemed available, as negotiated and provided in the charter
25agreement, in school district facilities. However, all other
26costs for the operation and maintenance of school district



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1facilities that are used by the charter school shall be subject
2to negotiation between the charter school and the local school
3board and shall be set forth in the charter.
4    (j) A charter school may limit student enrollment by age or
5grade level.
6    (k) If the charter school is approved by the Commission,
7then the Commission charter school is its own local education
9(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
1096-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff.
117-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; revised