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SCHOOLS
(105 ILCS 5/) School Code.

105 ILCS 5/27A-11

    (105 ILCS 5/27A-11)
    Sec. 27A-11. Local financing.
    (a) For purposes of the School Code, pupils enrolled in a charter school shall be included in the pupil enrollment of the school district within which the pupil resides. Each charter school (i) shall determine the school district in which each pupil who is enrolled in the charter school resides, (ii) shall report the aggregate number of pupils resident of a school district who are enrolled in the charter school to the school district in which those pupils reside, and (iii) shall maintain accurate records of daily attendance that shall be deemed sufficient to file claims under Section 18-8 or 18-8.15 notwithstanding any other requirements of that Section regarding hours of instruction and teacher certification.
    (b) Except for a charter school established by referendum under Section 27A-6.5, as part of a charter school contract, the charter school and the local school board shall agree on funding and any services to be provided by the school district to the charter school. Agreed funding that a charter school is to receive from the local school board for a school year shall be paid in equal quarterly installments with the payment of the installment for the first quarter being made not later than July 1, unless the charter establishes a different payment schedule. However, if a charter school dismisses a pupil from the charter school after receiving a quarterly payment, the charter school shall return to the school district, on a quarterly basis, the prorated portion of public funding provided for the education of that pupil for the time the student is not enrolled at the charter school. Likewise, if a pupil transfers to a charter school between quarterly payments, the school district shall provide, on a quarterly basis, a prorated portion of the public funding to the charter school to provide for the education of that pupil.
    All services centrally or otherwise provided by the school district including, but not limited to, rent, food services, custodial services, maintenance, curriculum, media services, libraries, transportation, and warehousing shall be subject to negotiation between a charter school and the local school board and paid for out of the revenues negotiated pursuant to this subsection (b); provided that the local school board shall not attempt, by negotiation or otherwise, to obligate a charter school to provide pupil transportation for pupils for whom a district is not required to provide transportation under the criteria set forth in subsection (a)(13) of Section 27A-7.
    In no event shall the funding be less than 97% or more than 103% of the school district's per capita student tuition multiplied by the number of students residing in the district who are enrolled in the charter school.
    It is the intent of the General Assembly that funding and service agreements under this subsection (b) shall be neither a financial incentive nor a financial disincentive to the establishment of a charter school.
    The charter school may set and collect reasonable fees. Fees collected from students enrolled at a charter school shall be retained by the charter school.
    (c) Notwithstanding subsection (b) of this Section, the proportionate share of State and federal resources generated by students with disabilities or staff serving them shall be directed to charter schools enrolling those students by their school districts or administrative units. The proportionate share of moneys generated under other federal or State categorical aid programs shall be directed to charter schools serving students eligible for that aid.
    (d) The governing body of a charter school is authorized to accept gifts, donations, or grants of any kind made to the charter school and to expend or use gifts, donations, or grants in accordance with the conditions prescribed by the donor; however, a gift, donation, or grant may not be accepted by the governing body if it is subject to any condition contrary to applicable law or contrary to the terms of the contract between the charter school and the local school board. Charter schools shall be encouraged to solicit and utilize community volunteer speakers and other instructional resources when providing instruction on the Holocaust and other historical events.
    (e) (Blank).
    (f) The Commission shall provide technical assistance to persons and groups preparing or revising charter applications.
    (g) At the non-renewal or revocation of its charter, each charter school shall refund to the local board of education all unspent funds.
    (h) A charter school is authorized to incur temporary, short term debt to pay operating expenses in anticipation of receipt of funds from the local school board.
(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)

105 ILCS 5/27A-11.5

    (105 ILCS 5/27A-11.5)
    Sec. 27A-11.5. State financing. The State Board of Education shall make the following funds available to school districts and charter schools:
        (1) From a separate appropriation made to the State
    
Board for purposes of this subdivision (1), the State Board shall make transition impact aid available to school districts that approve a new charter school or that have funds withheld by the State Board to fund a new charter school that is chartered by the Commission. The amount of the aid shall equal 90% of the per capita funding paid to the charter school during the first year of its initial charter term, 65% of the per capita funding paid to the charter school during the second year of its initial term, and 35% of the per capita funding paid to the charter school during the third year of its initial term. This transition impact aid shall be paid to the local school board in equal quarterly installments, with the payment of the installment for the first quarter being made by August 1st immediately preceding the first, second, and third years of the initial term. The district shall file an application for this aid with the State Board in a format designated by the State Board. If the appropriation is insufficient in any year to pay all approved claims, the impact aid shall be prorated. However, for fiscal year 2004, the State Board of Education shall pay approved claims only for charter schools with a valid charter granted prior to June 1, 2003. If any funds remain after these claims have been paid, then the State Board of Education may pay all other approved claims on a pro rata basis. Transition impact aid shall be paid beginning in the 1999-2000 school year for charter schools that are in the first, second, or third year of their initial term. Transition impact aid shall not be paid for any charter school that is proposed and created by one or more boards of education, as authorized under the provisions of Public Act 91-405.
        (2) From a separate appropriation made for the
    
purpose of this subdivision (2), the State Board shall make grants to charter schools to pay their start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed during their initial term. The State Board shall annually establish the time and manner of application for these grants, which shall not exceed $250 per student enrolled in the charter school.
        (3) The Charter Schools Revolving Loan Fund is
    
created as a special fund in the State treasury. Federal funds, such other funds as may be made available for costs associated with the establishment of charter schools in Illinois, and amounts repaid by charter schools that have received a loan from the Charter Schools Revolving Loan Fund shall be deposited into the Charter Schools Revolving Loan Fund, and the moneys in the Charter Schools Revolving Loan Fund shall be appropriated to the State Board and used to provide interest-free loans to charter schools. These funds shall be used to pay start-up costs of acquiring educational materials and supplies, textbooks, electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks, furniture, and other equipment or materials needed in the initial term of the charter school and for acquiring and remodeling a suitable physical plant, within the initial term of the charter school. Loans shall be limited to one loan per charter school and shall not exceed $750 per student enrolled in the charter school. A loan shall be repaid by the end of the initial term of the charter school. The State Board may deduct amounts necessary to repay the loan from funds due to the charter school or may require that the local school board that authorized the charter school deduct such amounts from funds due the charter school and remit these amounts to the State Board, provided that the local school board shall not be responsible for repayment of the loan. The State Board may use up to 3% of the appropriation to contract with a non-profit entity to administer the loan program.
        (4) A charter school may apply for and receive,
    
subject to the same restrictions applicable to school districts, any grant administered by the State Board that is available for school districts.
    If a charter school fails to make payments toward administrative costs, the State Board may withhold State funds from that school until it has made all payments for those costs.
(Source: P.A. 101-543, eff. 8-23-19.)

105 ILCS 5/27A-12

    (105 ILCS 5/27A-12)
    Sec. 27A-12. Evaluation; report. On or before September 30 of every odd-numbered year, all local school boards with at least one charter school, as well as the Commission, shall submit to the State Board any information required by the State Board pursuant to applicable rule. On or before the second Wednesday in January of every even-numbered year, the State Board shall issue a report to the General Assembly and the Governor on its findings for the previous 2 school years. The State Board's report shall summarize all of the following:
        (1) The authorizer's strategic vision for chartering
    
and progress toward achieving that vision.
        (2) The academic and financial performance of all
    
operating charter schools overseen by the authorizer, according to the performance expectations for charter schools set forth in this Article.
        (3) The status of the authorizer's charter school
    
portfolio, identifying all charter schools in each of the following categories: approved (but not yet open), operating, renewed, transferred, revoked, not renewed, voluntarily closed, or never opened.
        (4) The authorizing functions provided by the
    
authorizer to the charter schools under its purview, including the authorizer's operating costs and expenses detailed in annual audited financial statements, which must conform with generally accepted accounting principles.
    Further, in the report required by this Section, the State Board (i) shall compare the performance of charter school pupils with the performance of ethnically and economically comparable groups of pupils in other public schools who are enrolled in academically comparable courses, (ii) shall review information regarding the regulations and policies from which charter schools were released to determine if the exemptions assisted or impeded the charter schools in meeting their stated goals and objectives, and (iii) shall include suggested changes in State law necessary to strengthen charter schools.
    In addition, the State Board shall undertake and report on periodic evaluations of charter schools that include evaluations of student academic achievement, the extent to which charter schools are accomplishing their missions and goals, the sufficiency of funding for charter schools, and the need for changes in the approval process for charter schools.
    Based on the information that the State Board receives from authorizers and the State Board's ongoing monitoring of both charter schools and authorizers, the State Board has the power to remove the power to authorize from any authorizer in this State if the authorizer does not demonstrate a commitment to high-quality authorization practices and, if necessary, revoke the chronically low-performing charters authorized by the authorizer at the time of the removal. The State Board shall adopt rules as needed to carry out this power, including provisions to determine the status of schools authorized by an authorizer whose authorizing power is revoked.
(Source: P.A. 96-105, eff. 7-30-09; 97-152, eff. 7-20-11.)

105 ILCS 5/27A-13

    (105 ILCS 5/27A-13)
    Sec. 27A-13. Rules. The State Board of Education is authorized to adopt any rules not inconsistent with this Article that it deems necessary to implement and accomplish the purposes and provisions of this Article.
(Source: P.A. 89-450, eff. 4-10-96.)

105 ILCS 5/27A-14

    (105 ILCS 5/27A-14)
    Sec. 27A-14. (Repealed).
(Source: P.A. 96-105, eff. 7-30-09. Repealed internally, eff. 1-10-10.)

105 ILCS 5/Art. 28

 
    (105 ILCS 5/Art. 28 heading)
ARTICLE 28. INSTRUCTIONAL MATERIALS

105 ILCS 5/28-1

    (105 ILCS 5/28-1) (from Ch. 122, par. 28-1)
    Sec. 28-1. Copies and prices filed - Bond. No publisher or retail dealer shall offer any school instructional materials for adoption, sale, or exchange in the State until it has complied with the following conditions:
        1. The publisher or retail dealer shall publish on
    
its website by July 15 each year a sworn statement of the usual list price, the lowest net wholesale price, and the lowest net exchange price at which the material is sold or exchanged for old material on the same subject of like grade and kind but of a different series taken in part payment thereof.
        2. The publisher or retail dealer shall obtain a
    
bond payable to the People of the State of Illinois with a surety company authorized to do business in the State of Illinois as surety thereon of not less than $2,000 nor more than $10,000 conditioned as follows:
            (a) That the publisher or retail dealer will
        
furnish annually any of the materials listed on the sworn statement on its website to any school district and any school corporation in this State at the lowest net prices contained in the statements and that it will maintain said prices uniformly throughout the State.
            (b) That the publisher or retail dealer will
        
reduce such net prices in Illinois whenever they are reduced elsewhere in the United States, and shall publish on its website a sworn statement of reductions made elsewhere, so that at no time shall any instructional material so filed and listed by the publisher or retail dealer be sold in this State at a higher net price than is received for such material elsewhere in the United States.
            (c) The publisher or retail dealer shall not
        
enter into any understanding, agreement or combination to control the prices or to restrict competition in the sale of instructional materials.
(Source: P.A. 101-17, eff. 6-14-19.)

105 ILCS 5/28-2

    (105 ILCS 5/28-2) (from Ch. 122, par. 28-2)
    Sec. 28-2. Approval of bond-Duration. The bond required by Section 28-1 shall be approved by the Attorney General and shall continue in force for 5 years after its filing, at or before the expiration of which period a new bond shall be given or the right to continue business within the State shall be forfeited.
(Source: Laws 1961, p. 31.)

105 ILCS 5/28-3

    (105 ILCS 5/28-3)
    Sec. 28-3. (Repealed).
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)

105 ILCS 5/28-4

    (105 ILCS 5/28-4) (from Ch. 122, par. 28-4)
    Sec. 28-4. Notice of violations - Proceedings for forfeiture of bond. The school board of each district wherein the instructional materials listed under the provisions of this Article have been adopted shall notify the State Board of Education of any violation of any of the conditions contained in said bond. The State Board of Education may thereupon notify the person guilty of the violation and if such person disregards the notification and fails to comply with the requirements of the contract, the State Board of Education may institute legal proceedings for the forfeiture of the bond.
(Source: P.A. 101-17, eff. 6-14-19.)

105 ILCS 5/28-5

    (105 ILCS 5/28-5) (from Ch. 122, par. 28-5)
    Sec. 28-5. Inducement to teacher or officer forbidden.
    No person shall secure or attempt to secure the sale of any school instructional materials in any school district by rewarding or promising to reward any teacher or by securing for him any position in any other school. No person shall offer to give any emolument, money or other valuable thing, promise of work or any other inducement to any teacher or school officer for any vote or promise of vote or for the use of his influence for any school instructional materials to be used in this State.
    This section does not prevent any person from submitting, or any school officer or teacher from receiving, a reasonable number of copies of printed instructional materials for examination with a view to obtaining information as to the book or series of books for which such officer shall give his vote.
(Source: P.A. 77-2180.)

105 ILCS 5/28-6

    (105 ILCS 5/28-6)
    Sec. 28-6. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)

105 ILCS 5/28-7

    (105 ILCS 5/28-7) (from Ch. 122, par. 28-7)
    Sec. 28-7. Retail prices of books. It is unlawful for any retail dealer in textbooks to sell any books listed on the sworn statement published on the retail dealer's website at a price to exceed a 15% advance on the net prices as so listed.
(Source: P.A. 101-17, eff. 6-14-19.)

105 ILCS 5/28-8

    (105 ILCS 5/28-8) (from Ch. 122, par. 28-8)
    Sec. 28-8. Purchase by districts for resale at cost. School districts may purchase textbooks and electronic textbooks and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed on the sworn statement published on the retail dealer's website and sell them to the pupils at the listed prices or at such prices as will include the cost of transportation and handling.
(Source: P.A. 101-17, eff. 6-14-19.)

105 ILCS 5/28-9

    (105 ILCS 5/28-9) (from Ch. 122, par. 28-9)
    Sec. 28-9. Purchase by districts - Designation of agent for sale. School districts may purchase out of contingent funds school textbooks or electronic textbooks, instructional materials, and the technological equipment necessary to gain access to and use electronic textbooks from the publishers and manufacturers at the prices listed on the sworn statement published on the retail dealer's website and may designate a retail dealer or dealers to act as the agent of the district in selling them to pupils. Such dealers shall at stated times make settlement with the district for books sold. Such dealers shall not sell textbooks at prices which exceed a 10% advance on the net prices as listed on the sworn statement.
(Source: P.A. 101-17, eff. 6-14-19.)

105 ILCS 5/28-10

    (105 ILCS 5/28-10)
    Sec. 28-10. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)

105 ILCS 5/28-11

    (105 ILCS 5/28-11) (from Ch. 122, par. 28-11)
    Sec. 28-11. Penalties.
    Any dealer who violates the provisions of Sections 28--7 or 28--9 shall be guilty of a petty offense and shall be fined not less than $25 nor more than $100.
    Whoever violates any of the provisions of the foregoing sections of this Article, except those of Sections 28--7 and 28--9, shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2267.)

105 ILCS 5/28-12

    (105 ILCS 5/28-12)
    Sec. 28-12. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)

105 ILCS 5/28-13

    (105 ILCS 5/28-13) (from Ch. 122, par. 28-13)
    Sec. 28-13. Districts adopting provisions for free textbooks.
    The foregoing sections of this Article do not apply to school boards and school districts that have adopted the subsequent provisions of this Article.
(Source: Laws 1961, p. 31.)

105 ILCS 5/28-14

    (105 ILCS 5/28-14) (from Ch. 122, par. 28-14)
    Sec. 28-14. Free textbooks - Referendum - Ballot. Any school board may, and whenever petitioned so to do by 5% or more of the voters of such district shall order submitted to the voters thereof at a regular scheduled election the question of furnishing free school textbooks or electronic textbooks for the use of pupils attending the public schools of the district, and the secretary shall certify the proposition to the proper election authorities for submission in accordance with the general election law. The proposition shall be in substantially the following form:
--------------------------------------------------------------
    FOR furnishing free textbooks or electronic textbooks in 
the public schools.
--------------------------------------------------------------
    AGAINST furnishing free textbooks or electronic textbooks
in the public schools.
--------------------------------------------------------------
    If a majority of the votes cast upon the proposition is in favor of furnishing free textbooks or electronic textbooks, the governing body shall provide, furnish and sell them as provided in Section 28-15, but no such books shall be sold until at least 1 year after the election. The furnishing of free textbooks or electronic textbooks when so adopted shall not be discontinued within 4 years, and thereafter only by a vote of the voters of the district upon the same conditions and in substantially the same manner as the vote for the adoption of free textbooks or electronic textbooks. No textbook or electronic textbook furnished under the provisions of this Article shall contain any denominational or sectarian matter.
(Source: P.A. 96-1403, eff. 7-29-10.)

105 ILCS 5/28-15

    (105 ILCS 5/28-15) (from Ch. 122, par. 28-15)
    Sec. 28-15. Textbooks provided and loaned to pupils-Sale to pupils. The governing body of every school district having voted in favor of furnishing free textbooks or electronic textbooks under the provisions of Sections 28-14 through 28-19 shall provide, at the expense of the district, textbooks or electronic textbooks for use in the public schools and loan them free to the pupils. Textbooks so furnished shall remain the property of the school district. The governing body shall also provide for the sale of such textbooks or electronic textbooks at cost to pupils of the schools in the district wishing to purchase them for their own use.
(Source: P.A. 96-1403, eff. 7-29-10.)

105 ILCS 5/28-16

    (105 ILCS 5/28-16)
    Sec. 28-16. (Repealed).
(Source: Laws 1961, p. 31. Repealed by P.A. 97-570, eff. 8-25-11.)

105 ILCS 5/28-17

    (105 ILCS 5/28-17)
    Sec. 28-17. (Repealed).
(Source: P.A. 96-1403, eff. 7-29-10. Repealed by P.A. 97-570, eff. 8-25-11.)