Illinois General Assembly - Full Text of HB4591
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Full Text of HB4591  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Robert F. Martwick


105 ILCS 5/27A-11

    Amends the Charter Schools Law of the School Code. Provides that if a charter school dismisses a pupil from the charter school after receiving a quarterly payment from the school district, the charter school shall return to the school district an amount equal to 100% of the school district's per capita student tuition, on a pro rata basis, for the time the student is not enrolled at the charter school. Effective immediately.

LRB098 17997 NHT 53122 b






HB4591LRB098 17997 NHT 53122 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-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
17sufficient to file claims under Section 18-8 notwithstanding
18any other requirements of that Section regarding hours of
19instruction and teacher certification.
20    (b) Except for a charter school established by referendum
21under Section 27A-6.5, as part of a charter school contract,
22the charter school and the local school board shall agree on
23funding and any services to be provided by the school district



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1to the charter school. Agreed funding that a charter school is
2to receive from the local school board for a school year shall
3be paid in equal quarterly installments with the payment of the
4installment for the first quarter being made not later than
5July 1, unless the charter establishes a different payment
6schedule. However, if a charter school dismisses a pupil from
7the charter school after receiving a quarterly payment, the
8charter school shall return to the school district an amount
9equal to 100% of the school district's per capita student
10tuition, on a pro rata basis, for the time the student is not
11enrolled at the charter school.
12    All services centrally or otherwise provided by the school
13district including, but not limited to, rent, food services,
14custodial services, maintenance, curriculum, media services,
15libraries, transportation, and warehousing shall be subject to
16negotiation between a charter school and the local school board
17and paid for out of the revenues negotiated pursuant to this
18subsection (b); provided that the local school board shall not
19attempt, by negotiation or otherwise, to obligate a charter
20school to provide pupil transportation for pupils for whom a
21district is not required to provide transportation under the
22criteria set forth in subsection (a)(13) of Section 27A-7.
23    In no event shall the funding be less than 75% or more than
24125% of the school district's per capita student tuition
25multiplied by the number of students residing in the district
26who are enrolled in the charter school.



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1    It is the intent of the General Assembly that funding and
2service agreements under this subsection (b) shall be neither a
3financial incentive nor a financial disincentive to the
4establishment of a charter school.
5    The charter school may set and collect reasonable fees.
6Fees collected from students enrolled at a charter school shall
7be retained by the charter school.
8    (c) Notwithstanding subsection (b) of this Section, the
9proportionate share of State and federal resources generated by
10students with disabilities or staff serving them shall be
11directed to charter schools enrolling those students by their
12school districts or administrative units. The proportionate
13share of moneys generated under other federal or State
14categorical aid programs shall be directed to charter schools
15serving students eligible for that aid.
16    (d) The governing body of a charter school is authorized to
17accept gifts, donations, or grants of any kind made to the
18charter school and to expend or use gifts, donations, or grants
19in accordance with the conditions prescribed by the donor;
20however, a gift, donation, or grant may not be accepted by the
21governing body if it is subject to any condition contrary to
22applicable law or contrary to the terms of the contract between
23the charter school and the local school board. Charter schools
24shall be encouraged to solicit and utilize community volunteer
25speakers and other instructional resources when providing
26instruction on the Holocaust and other historical events.



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1    (e) (Blank).
2    (f) The State Board shall provide technical assistance to
3persons and groups preparing or revising charter applications.
4    (g) At the non-renewal or revocation of its charter, each
5charter school shall refund to the local board of education all
6unspent funds.
7    (h) A charter school is authorized to incur temporary,
8short term debt to pay operating expenses in anticipation of
9receipt of funds from the local school board.
10(Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98;
1191-407, eff. 8-3-99.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.