Full Text of HB5880 93rd General Assembly
HB5880 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5880
Introduced 2/6/2004, by Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
|
|
Amends the School Code. Makes a technical change in a Section concerning
charter schools.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5880 |
|
LRB093 20139 NHT 45884 b |
|
| 1 |
| AN ACT regarding charter schools.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The School Code is amended by changing
Section | 5 |
| 27A-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, | 9 |
| nonreligious, non-home
based, and non-profit school. A charter | 10 |
| school shall be organized and operated
as a nonprofit | 11 |
| corporation or other discrete, legal, nonprofit entity
| 12 |
| authorized under the laws of this
the State of Illinois .
| 13 |
| (b) A charter school may be established under this Article | 14 |
| by creating a new
school or by converting an existing public | 15 |
| school or attendance center to
charter
school status.
Beginning | 16 |
| on the effective date of this amendatory Act of the 93rd | 17 |
| General
Assembly, in all new
applications submitted to the | 18 |
| State Board or a local school board to establish
a charter
| 19 |
| school in a city having a population exceeding 500,000, | 20 |
| operation of the
charter
school shall be limited to one campus. | 21 |
| The changes made to this Section by this
amendatory Act
of the | 22 |
| 93rd General
Assembly do not apply to charter schools existing | 23 |
| or approved on or before the
effective date of this
amendatory | 24 |
| Act.
| 25 |
| (c) A charter school shall be administered and governed by | 26 |
| its board of
directors or other governing body
in the manner | 27 |
| provided in its charter. The governing body of a charter school
| 28 |
| shall be subject to the Freedom of Information Act and the Open | 29 |
| Meetings Act.
| 30 |
| (d) A charter school shall comply with all applicable | 31 |
| health and safety
requirements applicable to public schools | 32 |
| under the laws of the State of
Illinois.
|
|
|
|
HB5880 |
- 2 - |
LRB093 20139 NHT 45884 b |
|
| 1 |
| (e) Except as otherwise provided in the School Code, a | 2 |
| charter school shall
not charge tuition; provided that a | 3 |
| charter school may charge reasonable fees
for textbooks, | 4 |
| instructional materials, and student activities.
| 5 |
| (f) A charter school shall be responsible for the | 6 |
| management and operation
of its fiscal affairs including,
but | 7 |
| not limited to, the preparation of its budget. An audit of each | 8 |
| charter
school's finances shall be conducted annually by an | 9 |
| outside, independent
contractor retained by the charter | 10 |
| school.
| 11 |
| (g) A charter school shall comply with all provisions of | 12 |
| this Article and
its charter. A charter
school is exempt from | 13 |
| all other State laws and regulations in the School Code
| 14 |
| governing public
schools and local school board policies, | 15 |
| except the following:
| 16 |
| (1) Sections 10-21.9 and 34-18.5 of the School Code | 17 |
| regarding criminal
background investigations of applicants | 18 |
| for employment;
| 19 |
| (2) Sections 24-24 and 34-84A of the School Code | 20 |
| regarding discipline of
students;
| 21 |
| (3) The Local Governmental and Governmental Employees | 22 |
| Tort Immunity Act;
| 23 |
| (4) Section 108.75 of the General Not For Profit | 24 |
| Corporation Act of 1986
regarding indemnification of | 25 |
| officers, directors, employees, and agents;
| 26 |
| (5) The Abused and Neglected Child Reporting Act;
| 27 |
| (6) The Illinois School Student Records Act; and
| 28 |
| (7) Section 10-17a of the School Code regarding school | 29 |
| report cards.
| 30 |
| (h) A charter school may negotiate and contract with a | 31 |
| school district, the
governing body of a State college or | 32 |
| university or public community college, or
any other public or | 33 |
| for-profit or nonprofit private entity for: (i) the use
of a | 34 |
| school building and grounds or any other real property or | 35 |
| facilities that
the charter school desires to use or convert | 36 |
| for use as a charter school site,
(ii) the operation and |
|
|
|
HB5880 |
- 3 - |
LRB093 20139 NHT 45884 b |
|
| 1 |
| maintenance thereof, and
(iii) the provision of any service, | 2 |
| activity, or undertaking that the charter
school is required to | 3 |
| perform in order to carry out the terms of its charter.
| 4 |
| However, a charter school
that is established on
or
after the | 5 |
| effective date of this amendatory Act of the 93rd General
| 6 |
| Assembly and that operates
in a city having a population | 7 |
| exceeding
500,000 may not contract with a for-profit entity to
| 8 |
| manage or operate the school during the period that commences | 9 |
| on the
effective date of this amendatory Act of the 93rd | 10 |
| General Assembly and
concludes at the end of the 2004-2005 | 11 |
| school year.
Except as provided in subsection (i) of this | 12 |
| Section, a school district may
charge a charter school | 13 |
| reasonable rent for the use of the district's
buildings, | 14 |
| grounds, and facilities. Any services for which a charter | 15 |
| school
contracts
with a school district shall be provided by | 16 |
| the district at cost. Any services
for which a charter school | 17 |
| contracts with a local school board or with the
governing body | 18 |
| of a State college or university or public community college
| 19 |
| shall be provided by the public entity at cost.
| 20 |
| (i) In no event shall a charter school that is established | 21 |
| by converting an
existing school or attendance center to | 22 |
| charter school status be required to
pay rent for space
that is | 23 |
| deemed available, as negotiated and provided in the charter | 24 |
| agreement,
in school district
facilities. However, all other | 25 |
| costs for the operation and maintenance of
school district | 26 |
| facilities that are used by the charter school shall be subject
| 27 |
| to negotiation between
the charter school and the local school | 28 |
| board and shall be set forth in the
charter.
| 29 |
| (j) A charter school may limit student enrollment by age or | 30 |
| grade level.
| 31 |
| (Source: P.A. 93-3, eff. 4-16-03.)
|
|