Illinois General Assembly - Full Text of HB1360
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Full Text of HB1360  99th General Assembly


Rep. Robyn Gabel

Filed: 3/17/2015





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2    AMENDMENT NO. ______. Amend House Bill 1360 by replacing
3everything after the enacting clause with the following:
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



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1General Assembly, in all new applications to establish a
2charter school in a city having a population exceeding 500,000,
3operation of the charter school shall be limited to one campus.
4The changes made to this Section by this amendatory Act of the
593rd General Assembly do not apply to charter schools existing
6or approved on or before the effective date of this amendatory
8    (b-5) In this subsection (b-5), "virtual-schooling" means
9a cyber school where students engage in online curriculum and
10instruction via the Internet and electronic communication with
11their teachers at remote locations and with students
12participating at different times.
13    From April 1, 2013 through December 31, 2016, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    On or before March 1, 2014, the Commission shall submit to
23the General Assembly a report on the effect of
24virtual-schooling, including without limitation the effect on
25student performance, the costs associated with
26virtual-schooling, and issues with oversight. The report shall



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1include policy recommendations for virtual-schooling.
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) For purposes of this subsection (d), "non-curricular
8health and safety requirement" means any health and safety
9requirement created by statute or rule to provide, maintain,
10preserve, or safeguard safe or healthful conditions for
11students and school personnel or to eliminate, reduce, or
12prevent threats to the health and safety of students and school
13personnel. "Non-curricular health and safety requirement" does
14not include any course of study or specialized instructional
15requirement for which the State Board has established goals and
16learning standards or which is designed primarily to impart
17knowledge and skills for students to master and apply as an
18outcome of their education.
19    A charter school shall comply with all non-curricular
20applicable health and safety requirements applicable to public
21schools under the laws of the State of Illinois. On or before
22September 1, 2015, the State Board shall promulgate and post on
23its Internet website a list of non-curricular health and safety
24requirements that a charter school must meet. The list shall be
25updated annually no later than September 1. Any charter
26contract between a charter school and its authorizer must



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1contain a provision that requires the charter school to follow
2the list of all non-curricular health and safety requirements
3promulgated by the State Board and any non-curricular health
4and safety requirements added by the State Board to such list
5during the term of the charter. Nothing in this subsection (d)
6precludes an authorizer from including non-curricular health
7and safety requirements in a charter school contract that are
8not contained in the list promulgated by the State Board,
9including non-curricular health and safety requirements of the
10authorizing local school board.
11    (e) Except as otherwise provided in the School Code, a
12charter school shall not charge tuition; provided that a
13charter school may charge reasonable fees for textbooks,
14instructional materials, and student activities.
15    (f) A charter school shall be responsible for the
16management and operation of its fiscal affairs including, but
17not limited to, the preparation of its budget. An audit of each
18charter school's finances shall be conducted annually by an
19outside, independent contractor retained by the charter
20school. To ensure financial accountability for the use of
21public funds, on or before December 1 of every year of
22operation, each charter school shall submit to its authorizer
23and the State Board a copy of its audit and a copy of the Form
24990 the charter school filed that year with the federal
25Internal Revenue Service. In addition, if deemed necessary for
26proper financial oversight of the charter school, an authorizer



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1may require quarterly financial statements from each charter
3    (g) A charter school shall comply with all provisions of
4this Article; the Illinois Educational Labor Relations Act; all
5federal and State laws and rules applicable to public schools
6that pertain to special education and the instruction of
7English language learners, referred to in this Code as
8"children of limited English-speaking ability"; and its
9charter. A charter school is exempt from all other State laws
10and regulations in this Code governing public schools and local
11school board policies; however, a charter school is not exempt
12from , except the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
14    criminal history records checks and checks of the Statewide
15    Sex Offender Database and Statewide Murderer and Violent
16    Offender Against Youth Database of applicants for
17    employment;
18        (2) Sections 24-24 and 34-84A of this Code regarding
19    discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (6) the Illinois School Student Records Act;



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1        (7) Section 10-17a of this Code regarding school report
2    cards;
3        (8) the P-20 Longitudinal Education Data System Act;
4    and
5        (9) Section 27-23.7 of this Code regarding bullying
6    prevention; and .
7        (10) (9) Section 2-3.162 2-3.160 of this the School
8    Code regarding student discipline reporting.
9    The change made by Public Act 96-104 to this subsection (g)
10is declaratory of existing law.
11    (h) A charter school may negotiate and contract with a
12school district, the governing body of a State college or
13university or public community college, or any other public or
14for-profit or nonprofit private entity for: (i) the use of a
15school building and grounds or any other real property or
16facilities that the charter school desires to use or convert
17for use as a charter school site, (ii) the operation and
18maintenance thereof, and (iii) the provision of any service,
19activity, or undertaking that the charter school is required to
20perform in order to carry out the terms of its charter.
21However, a charter school that is established on or after the
22effective date of this amendatory Act of the 93rd General
23Assembly and that operates in a city having a population
24exceeding 500,000 may not contract with a for-profit entity to
25manage or operate the school during the period that commences
26on the effective date of this amendatory Act of the 93rd



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1General Assembly and concludes at the end of the 2004-2005
2school year. Except as provided in subsection (i) of this
3Section, a school district may charge a charter school
4reasonable rent for the use of the district's buildings,
5grounds, and facilities. Any services for which a charter
6school contracts with a school district shall be provided by
7the district at cost. Any services for which a charter school
8contracts with a local school board or with the governing body
9of a State college or university or public community college
10shall be provided by the public entity at cost.
11    (i) In no event shall a charter school that is established
12by converting an existing school or attendance center to
13charter school status be required to pay rent for space that is
14deemed available, as negotiated and provided in the charter
15agreement, in school district facilities. However, all other
16costs for the operation and maintenance of school district
17facilities that are used by the charter school shall be subject
18to negotiation between the charter school and the local school
19board and shall be set forth in the charter.
20    (j) A charter school may limit student enrollment by age or
21grade level.
22    (k) If the charter school is approved by the Commission,
23then the Commission charter school is its own local education
25(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
2697-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;



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198-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.
21-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".