Rep. Robert F. Martwick
Filed: 3/25/2014
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1 | AMENDMENT TO HOUSE BILL 4591
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2 | AMENDMENT NO. ______. Amend House Bill 4591 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 27A-11 as follows:
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6 | (105 ILCS 5/27A-11)
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7 | Sec. 27A-11. Local financing.
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8 | (a) For purposes of the School Code, pupils enrolled in a | ||||||
9 | charter school
shall be included in the pupil enrollment of the | ||||||
10 | school district within which
the
pupil resides. Each charter | ||||||
11 | school (i) shall determine the school district in
which each | ||||||
12 | pupil who is enrolled in the charter school resides,
(ii) shall
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13 | report the aggregate number of pupils resident of a school | ||||||
14 | district who are
enrolled in the charter school to the school | ||||||
15 | district in which those pupils
reside, and (iii) shall maintain | ||||||
16 | accurate records of daily attendance that
shall be deemed |
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1 | sufficient to file claims under Section 18-8 notwithstanding
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2 | any other requirements of that Section regarding hours of | ||||||
3 | instruction and
teacher certification.
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4 | (b) Except for a charter school established by referendum | ||||||
5 | under Section
27A-6.5, as part of a charter school contract, | ||||||
6 | the charter school and the
local
school board shall agree on | ||||||
7 | funding and any services to be provided by the
school district | ||||||
8 | to the charter school.
Agreed funding that a charter school is | ||||||
9 | to receive from the local school
board for a school year shall | ||||||
10 | be paid in
equal quarterly installments with the payment of the
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11 | installment for the first quarter being made not later than | ||||||
12 | July 1, unless the
charter establishes a different payment | ||||||
13 | schedule. However, if a charter school dismisses a pupil from | ||||||
14 | the charter school after receiving a quarterly payment, the | ||||||
15 | charter school shall return to the school district, on a | ||||||
16 | quarterly basis, the prorated portion of public funding | ||||||
17 | provided for the education of that pupil for the time the | ||||||
18 | student is not enrolled at the charter school. Likewise, if a | ||||||
19 | pupil transfers to a charter school between quarterly payments, | ||||||
20 | the school district shall provide, on a quarterly basis, a | ||||||
21 | prorated portion of the public funding to the charter school to | ||||||
22 | provide for the education of that pupil.
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23 | All services centrally or otherwise provided by the school | ||||||
24 | district
including, but not limited to, rent, food services, | ||||||
25 | custodial services,
maintenance,
curriculum, media services, | ||||||
26 | libraries, transportation, and warehousing shall be
subject to
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1 | negotiation between a charter school and the local school board | ||||||
2 | and paid
for out
of the revenues negotiated pursuant to this | ||||||
3 | subsection (b); provided that the
local school board shall not | ||||||
4 | attempt, by negotiation or otherwise, to obligate
a charter | ||||||
5 | school to provide pupil transportation for pupils for whom a | ||||||
6 | district
is not required to provide transportation under the | ||||||
7 | criteria set forth in
subsection (a)(13) of Section 27A-7.
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8 | In no event shall the funding be less than 75% or more than
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9 | 125% of the
school district's per capita student tuition | ||||||
10 | multiplied by
the
number of students residing in the district | ||||||
11 | who are enrolled in the charter
school.
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12 | It is the intent of the General Assembly that funding and | ||||||
13 | service agreements
under this subsection (b) shall be neither a | ||||||
14 | financial incentive nor a
financial disincentive to the | ||||||
15 | establishment of a charter school.
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16 | The charter school may set and collect reasonable fees. | ||||||
17 | Fees collected
from students enrolled at a charter school shall | ||||||
18 | be retained
by the charter school.
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19 | (c) Notwithstanding subsection (b) of this Section, the | ||||||
20 | proportionate share
of State and federal resources generated by | ||||||
21 | students with disabilities or staff
serving them shall be | ||||||
22 | directed to charter schools enrolling those students by
their | ||||||
23 | school districts or administrative units. The proportionate | ||||||
24 | share of
moneys generated under other federal or State | ||||||
25 | categorical aid programs shall be
directed to charter schools | ||||||
26 | serving students eligible for that aid.
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1 | (d) The governing body of a charter school is authorized to | ||||||
2 | accept
gifts,
donations, or grants of any kind made to the | ||||||
3 | charter school and to expend or
use gifts, donations, or grants | ||||||
4 | in accordance with the conditions prescribed by
the donor; | ||||||
5 | however, a gift, donation, or grant may not be accepted by the
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6 | governing body if it is subject to any condition contrary to | ||||||
7 | applicable law or
contrary
to the terms of the contract between | ||||||
8 | the charter school and the local school
board. Charter schools | ||||||
9 | shall be encouraged to solicit and utilize community
volunteer | ||||||
10 | speakers and other instructional resources when providing | ||||||
11 | instruction
on the Holocaust and other historical events.
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12 | (e) (Blank).
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13 | (f) The State Board shall provide technical assistance to
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14 | persons and groups
preparing or revising charter applications.
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15 | (g) At the non-renewal or revocation of its charter, each
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16 | charter school
shall refund to the local board of education all | ||||||
17 | unspent funds.
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18 | (h) A charter school is authorized to incur temporary, | ||||||
19 | short
term debt to
pay operating expenses in anticipation of | ||||||
20 | receipt of funds from the local
school board.
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21 | (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98; | ||||||
22 | 91-407, eff.
8-3-99.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
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