State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



 1        AN ACT to amend the  School  Code  by  changing  Sections
 2    27A-9 and 27A-11.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Sections 27A-9 and 27A-11 as follows:

 7        (105 ILCS 5/27A-9)
 8        Sec. 27A-9. Term of charter; renewal.
 9        (a)  A  charter may be granted for a period not less than
10    3 and not more than 5 school years.  A charter may be renewed
11    in incremental periods not to exceed 5 school years.
12        (b)  A charter school renewal proposal submitted  to  the
13    local school board shall contain:
14             (1)  A  report on the progress of the charter school
15        in achieving the  goals,  objectives,  pupil  performance
16        standards,  content  standards,  and  other  terms of the
17        initial approved charter proposal; and
18             (2)  A financial statement that discloses the  costs
19        of   administration,   instruction,  and  other  spending
20        categories for the charter school that is  understandable
21        to  the  general public and that will allow comparison of
22        those  costs  to  other  schools  or   other   comparable
23        organizations, in a format required by the State Board.
24        (c)  A charter may be revoked or not renewed if the local
25    school board clearly demonstrates that the charter school did
26    any  of the following, or otherwise failed to comply with the
27    requirements of this law:
28             (1)  Committed a material violation of  any  of  the
29        conditions,  standards,  or  procedures  set forth in the
30        charter.
31             (2)  Failed to  meet  or  make  reasonable  progress
                            -2-               LRB9102268NTsbA
 1        toward  achievement  of  the  content  standards or pupil
 2        performance standards identified in the charter.
 3             (3)  Failed to meet generally accepted standards  of
 4        fiscal management.
 5             (4)  Violated  any  provision  of law from which the
 6        charter school was not exempted.
 7        (d)  (Blank).
 8        (e)  Notice of a local school board's decision  to  deny,
 9    revoke  or  not  to  renew a charter shall be provided to the
10    State Board. The State Board  may  reverse  a  local  board's
11    decision  if the State Board finds that the charter school or
12    charter school  proposal  (i)  is  in  compliance  with  this
13    Article, and (ii) is in the best interests of the students it
14    is  designed  to  serve.  Final  decisions of the State Board
15    shall be subject to judicial review under the  Administrative
16    Review Law.
17        (f)  Notwithstanding other provisions of this Article, if
18    the  State Board on appeal reverses a local board's decision,
19    the State Board shall act as the authorized chartering entity
20    for the charter school.  The State Board  shall  approve  and
21    certify  the  charter  and  shall perform all functions under
22    this Article otherwise performed by the local  school  board.
23    The  State  Board,  not the local school board, shall provide
24    the funding necessary to pay the costs of the charter  school
25    from  a  separate  appropriation  made for this purpose.  The
26    amount of State aid paid to the school district shall not  be
27    reduced  because  the  State Board is providing this funding,
28    and days of attendance by pupils at the  charter  school  for
29    which  the State Board acts as the chartering entity shall be
30    accredited to and counted by the  school  district  in  which
31    those  pupils  reside for purposes of determining the average
32    daily attendance of and State aid payable  to  that  district
33    under Section 18-8.05, notwithstanding any other requirements
34    of Section 18-8.05 regarding hours of instruction and teacher
                            -3-               LRB9102268NTsbA
 1    certification.  The  State  Board  shall report the aggregate
 2    number of charter school pupils resident in a school district
 3    to that district and shall notify the district of the  amount
 4    of  funding  to  be  paid  by  the State Board to the charter
 5    school  enrolling  such  students.   The  State  Board  shall
 6    withhold from funds otherwise  due  the  district  the  funds
 7    authorized  by  this Article to be paid to the charter school
 8    and shall pay such amounts to the charter school.
 9        The  changes  made  to  this  subsection  (f)   by   this
10    amendatory  Act  of the 91st General Assembly apply beginning
11    June 1, 1998.
12    (Source: P.A. 89-450, eff. 4-10-96; 90-548, eff. 1-1-98.)

13        (105 ILCS 5/27A-11)
14        Sec. 27A-11.  Financing.
15        (a)  For purposes of the School Code, pupils enrolled  in
16    a charter school shall be included in the pupil enrollment of
17    the  school  district  within  which the pupil resides.  Each
18    charter school (i) shall determine  the  school  district  in
19    which  each  pupil  who  is  enrolled  in  the charter school
20    resides, (ii) shall report the  aggregate  number  of  pupils
21    resident of a school district who are enrolled in the charter
22    school  to  the school district in which those pupils reside,
23    and (iii) shall maintain accurate records of daily attendance
24    that shall be deemed sufficient to file claims under Section
25    18-8.05 18-8 notwithstanding any other requirements  of  that
26    Section   regarding   hours   of   instruction   and  teacher
27    certification.
28        (b)  As part of a charter school  contract,  the  charter
29    school  and the local school board shall agree on funding and
30    any services to be provided by the  school  district  to  the
31    charter  school.  Agreed  funding that a charter school is to
32    receive from the local school board for a school  year  shall
33    be  paid  in equal quarterly installments with the payment of
                            -4-               LRB9102268NTsbA
 1    the installment for the first quarter being  made  not  later
 2    than  July  1,  unless  the  charter  establishes a different
 3    payment schedule. However, if the State  Board  acts  as  the
 4    authorized  chartering entity for the charter school, funding
 5    that is to be received, services that are to be provided, and
 6    time of payment shall be negotiated by the  State  Board  and
 7    charter school.
 8        All  services  centrally  or  otherwise  provided  by the
 9    school district including, but not limited to, food services,
10    custodial services, maintenance, curriculum, media  services,
11    libraries,  transportation,  and warehousing shall be subject
12    to negotiation between a charter school and the local  school
13    board and paid for out of the revenues negotiated pursuant to
14    this  subsection (b); provided that the local school board or
15    State Board shall not attempt, by negotiation  or  otherwise,
16    to  obligate a charter school to provide pupil transportation
17    for pupils for whom a district is  not  required  to  provide
18    transportation  under  the  criteria  set forth in subsection
19    (a)(13) of Section 27A-7.
20        In no event shall the funding be less than  75%  or  more
21    than 125% of the school district's per capita student tuition
22    multiplied  (i)  for  the  first school year that the charter
23    school is in operation, by the number of students residing in
24    the district who are enrolled in the charter school  or  (ii)
25    after  the  first  school  year that the charter school is in
26    operation, by the average daily  attendance  figure  for  the
27    charter school as computed under this subsection (b). For the
28    purposes of this subsection (b), the average daily attendance
29    figure  for  a  charter  school shall be computed in a manner
30    deemed  sufficient  to  file  claims  under  Section  18-8.05
31    notwithstanding any other  requirements  of  Section  18-8.05
32    regarding hours of instruction and teacher certification.
33        It is the intent of the General Assembly that funding and
34    service agreements under this subsection (b) shall be neither
                            -5-               LRB9102268NTsbA
 1    a  financial  incentive  nor  a financial disincentive to the
 2    establishment of a charter school.
 3        Fees collected from students enrolled at a charter school
 4    shall be retained by the charter school.
 5        The  changes  made  to  this  subsection  (b)   by   this
 6    amendatory  Act  of the 91st General Assembly apply beginning
 7    June 1, 1998.
 8        (c)  Notwithstanding subsection (b) of this Section,  the
 9    proportionate  share of State and federal resources generated
10    by students with disabilities or staff serving them shall  be
11    directed to charter schools enrolling those students by their
12    school  districts or administrative units.  The proportionate
13    share of  moneys  generated  under  other  federal  or  State
14    categorical aid programs shall be directed to charter schools
15    serving students eligible for that aid.
16        (d)(1)  The   governing  body  of  a  charter  school  is
17    authorized to accept gifts, donations, or grants of any  kind
18    made  to  the  charter  school  and  to  expend or use gifts,
19    donations,  or  grants  in  accordance  with  the  conditions
20    prescribed by the donor; however, a gift, donation, or  grant
21    may not be accepted by the governing body if it is subject to
22    any  condition  contrary to applicable law or contrary to the
23    terms of the contract between  the  charter  school  and  the
24    local  school  board.  Charter schools shall be encouraged to
25    solicit and utilize community volunteer  speakers  and  other
26    instructional  resources  when  providing  instruction on the
27    Holocaust and other historical events.
28        (2)  From amounts appropriated to  the  State  Board  for
29    purposes  of this subsection (d)(2), the State Board may make
30    loans to charter schools established under this Article to be
31    used by those  schools  to  defer  their  start-up  costs  of
32    acquiring   textbooks  and  laboratory  and  other  equipment
33    required for student instruction. Any such loan shall be made
34    to a charter school at the  inception  of  the  term  of  its
                            -6-               LRB9102268NTsbA
 1    charter,  under  terms  established  by  the State Board, and
 2    shall be repaid by the charter school over the  term  of  its
 3    charter.   A  local  school  board is not responsible for the
 4    repayment of the loan.
 5        (e)  No later than January 1, 1997, the State Board shall
 6    issue a report to  the  General  Assembly  and  the  Governor
 7    describing  the charter schools certified under this Article,
 8    their geographic locations, their areas  of  focus,  and  the
 9    numbers of school children served by them.
10        (f)  The  State  Board shall provide technical assistance
11    to  persons  and  groups  preparing   or   revising   charter
12    applications.
13        (g)  At  the  non-renewal  or  revocation of its charter,
14    each charter school  shall  refund  to  the  local  board  of
15    education all unspent funds.
16        (h)  A  charter  school is authorized to incur temporary,
17    short term debt to pay operating expenses in anticipation  of
18    receipt of funds from the local school board.
19    (Source:  P.A.  89-450,  eff.  4-10-96;  90-548, eff. 1-1-98;
20    90-757, eff. 8-14-98.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.

[ Top ]