Illinois General Assembly - Full Text of HB3937
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Full Text of HB3937  98th General Assembly



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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 non-profit school. A charter
10school 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    (b-5) In this subsection (b-5), "virtual-schooling" means
3a cyber school where students engage in online curriculum and
4instruction via the Internet and electronic communication with
5their teachers at remote locations and with students
6participating at different times. the teaching of courses
7through online methods with online instructors, rather than the
8instructor and student being at the same physical location.
9"Virtual-schooling" includes without limitation instruction
10provided by full-time, online virtual schools.
11    From April 1, 2013 through December 31, 2016 April 1, 2014,
12there is a moratorium on the establishment of charter schools
13with virtual-schooling components in school districts other
14than a school district organized under Article 34 of this Code.
15This moratorium does not apply to a charter school with
16virtual-schooling components existing or approved prior to
17April 1, 2013 or to the renewal of the charter of a charter
18school with virtual-schooling components already approved
19prior to April 1, 2013.
20    On or before March 1, 2014, the Commission shall submit to
21the General Assembly a report on the effect of
22virtual-schooling, including without limitation the effect on
23student performance, the costs associated with
24virtual-schooling, and issues with oversight. The report shall
25include policy recommendations for virtual-schooling.
26    (c) A charter school shall be administered and governed by



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1its board of directors or other governing body in the manner
2provided in its charter. The governing body of a charter school
3shall be subject to the Freedom of Information Act and the Open
4Meetings Act.
5    (d) A charter school shall comply with all applicable
6health and safety requirements applicable to public schools
7under the laws of the State of Illinois.
8    (e) Except as otherwise provided in the School Code, a
9charter school shall not charge tuition; provided that a
10charter school may charge reasonable fees for textbooks,
11instructional materials, and student activities.
12    (f) A charter school shall be responsible for the
13management and operation of its fiscal affairs including, but
14not limited to, the preparation of its budget. An audit of each
15charter school's finances shall be conducted annually by an
16outside, independent contractor retained by the charter
17school. Annually, by December 1, every charter school must
18submit to the State Board a copy of its audit and a copy of the
19Form 990 the charter school filed that year with the federal
20Internal Revenue Service.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act, and
23its charter. A charter school is exempt from all other State
24laws and regulations in the School Code governing public
25schools and local school board policies, except the following:
26        (1) Sections 10-21.9 and 34-18.5 of the School Code



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



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



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1board and shall be set forth in the charter.
2    (j) A charter school may limit student enrollment by age or
3grade level.
4    (k) If the charter school is approved by the Commission,
5then the Commission charter school is its own local education
7(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
897-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.