Illinois General Assembly - Full Text of Public Act 098-0640
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Public Act 098-0640





Public Act 098-0640
HB4591 EnrolledLRB098 17997 NHT 53122 b

    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The School Code is amended by changing Section
27A-11 as follows:
    (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 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 75% or more than
125% 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 State Board 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. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98;
91-407, eff. 8-3-99.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/9/2014