Rep. Linda Chapa LaVia

Filed: 4/11/2013





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2    AMENDMENT NO. ______. Amend House Bill 494 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 submitted to the
2State Board or a local school board to establish a charter
3school in a city having a population exceeding 500,000,
4operation of the charter school shall be limited to one campus.
5The changes made to this Section by this amendatory Act of the
693rd General Assembly do not apply to charter schools existing
7or approved on or before the effective date of this amendatory
9    (b-5) In this subsection (b-5), "virtual-schooling" means
10the teaching of courses through online methods with online
11instructors, rather than the instructor and student being at
12the same physical location. "Virtual-schooling" includes
13without limitation instruction provided by full-time, online
14virtual schools.
15    From April 1, 2013 through April 1, 2014, there is a
16moratorium on the establishment of charter schools with
17virtual-schooling components in school districts other than a
18school district organized under Article 34 of this Code. This
19moratorium does not apply to a charter school with
20virtual-schooling components existing or approved prior to
21April 1, 2013 or to the renewal of the charter of a charter
22school with virtual-schooling components already approved
23prior to April 1, 2013.
24    On or before March 1, 2014, the Commission shall submit to
25the General Assembly a report on the effect of
26virtual-schooling, including without limitation the effect on



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1student performance, the costs associated with
2virtual-schooling, and issues with oversight. The report shall
3include policy recommendations for virtual-schooling.
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter school
7shall be subject to the Freedom of Information Act and the Open
8Meetings Act.
9    (d) A charter school shall comply with all applicable
10health and safety requirements applicable to public schools
11under the laws of the State of Illinois.
12    (e) Except as otherwise provided in the School Code, a
13charter school shall not charge tuition; provided that a
14charter school may charge reasonable fees for textbooks,
15instructional materials, and student activities.
16    (f) A charter school shall be responsible for the
17management and operation of its fiscal affairs including, but
18not limited to, the preparation of its budget. An audit of each
19charter school's finances shall be conducted annually by an
20outside, independent contractor retained by the charter
21school. Annually, by December 1, every charter school must
22submit to the State Board a copy of its audit and a copy of the
23Form 990 the charter school filed that year with the federal
24Internal Revenue Service.
25    (g) A charter school shall comply with all provisions of
26this Article, the Illinois Educational Labor Relations Act, and



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1its charter. A charter school is exempt from all other State
2laws and regulations in the School Code governing public
3schools and local school board policies, except the following:
4        (1) Sections 10-21.9 and 34-18.5 of the School Code
5    regarding criminal history records checks and checks of the
6    Statewide Sex Offender Database and Statewide Murderer and
7    Violent Offender Against Youth Database of applicants for
8    employment;
9        (2) Sections 24-24 and 34-84A of the School Code
10    regarding discipline of students;
11        (3) The Local Governmental and Governmental Employees
12    Tort Immunity Act;
13        (4) Section 108.75 of the General Not For Profit
14    Corporation Act of 1986 regarding indemnification of
15    officers, directors, employees, and agents;
16        (5) The Abused and Neglected Child Reporting Act;
17        (6) The Illinois School Student Records Act;
18        (7) Section 10-17a of the School Code regarding school
19    report cards; and
20        (8) The P-20 Longitudinal Education Data System Act.
21    The change made by Public Act 96-104 to this subsection (g)
22is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a



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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required to
6perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after the
8effective date of this amendatory Act of the 93rd General
9Assembly and that operates in a city having a population
10exceeding 500,000 may not contract with a for-profit entity to
11manage or operate the school during the period that commences
12on the effective date of this amendatory Act of the 93rd
13General Assembly and concludes at the end of the 2004-2005
14school year. Except as provided in subsection (i) of this
15Section, a school district may charge a charter school
16reasonable rent for the use of the district's buildings,
17grounds, and facilities. Any services for which a charter
18school contracts with a school district shall be provided by
19the district at cost. Any services for which a charter school
20contracts with a local school board or with the governing body
21of a State college or university or public community college
22shall be provided by the public entity at cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter



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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be subject
4to negotiation between the charter school and the local school
5board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age or
7grade level.
8    (k) If the charter school is approved by the Commission,
9then the Commission charter school is its own local education
11(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
1296-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff.
137-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".