Full Text of HB5269 95th General Assembly
HB5269 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5269
Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
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Amends the Charter Schools Law of the School Code. Provides that a charter school may not have more campuses than the number of campuses it has on the effective date of the amendatory Act, except that if a charter school has more than one campus and a campus closes on or after the effective date of the amendatory Act, then the number of campuses that the charter school may have shall be reduced by the number of campuses that have closed.
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A BILL FOR
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HB5269 |
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LRB095 14912 NHT 40856 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 27A-5 as follows:
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| (105 ILCS 5/27A-5)
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| Sec. 27A-5. Charter school; legal entity; requirements.
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| (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
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| authorized under the laws of the State of Illinois.
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| (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
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| 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 |
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HB5269 |
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LRB095 14912 NHT 40856 b |
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| Act. A charter school may not have more campuses than the | 2 |
| number of campuses it has on the effective date of this | 3 |
| amendatory Act of the 95th General Assembly, except that if a | 4 |
| charter school has more than one campus and a campus closes on | 5 |
| or after the effective date of this amendatory Act of the 95th | 6 |
| General Assembly, then the number of campuses that the charter | 7 |
| school may have shall be reduced by the number of campuses that | 8 |
| have closed.
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| (c) A charter school shall be administered and governed by | 10 |
| its board of
directors or other governing body
in the manner | 11 |
| provided in its charter. The governing body of a charter school
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| shall be subject to the Freedom of Information Act and the Open | 13 |
| Meetings Act.
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| (d) A charter school shall comply with all applicable | 15 |
| health and safety
requirements applicable to public schools | 16 |
| under the laws of the State of
Illinois.
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| (e) Except as otherwise provided in the School Code, a | 18 |
| charter school shall
not charge tuition; provided that a | 19 |
| charter school may charge reasonable fees
for textbooks, | 20 |
| instructional materials, and student activities.
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| (f) A charter school shall be responsible for the | 22 |
| management and operation
of its fiscal affairs including,
but | 23 |
| not limited to, the preparation of its budget. An audit of each | 24 |
| charter
school's finances shall be conducted annually by an | 25 |
| outside, independent
contractor retained by the charter | 26 |
| school.
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HB5269 |
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LRB095 14912 NHT 40856 b |
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| (g) A charter school shall comply with all provisions of | 2 |
| this Article and
its charter. A charter
school is exempt from | 3 |
| all other State laws and regulations in the School Code
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| governing public
schools and local school board policies, | 5 |
| except the following:
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| (1) Sections 10-21.9 and 34-18.5 of the School Code | 7 |
| regarding criminal
history records checks and checks of the | 8 |
| Statewide Sex Offender Database of applicants for | 9 |
| employment;
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| (2) Sections 24-24 and 34-84A of the School Code | 11 |
| regarding discipline of
students;
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| (3) The Local Governmental and Governmental Employees | 13 |
| Tort Immunity Act;
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| (4) Section 108.75 of the General Not For Profit | 15 |
| Corporation Act of 1986
regarding indemnification of | 16 |
| officers, directors, employees, and agents;
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| (5) The Abused and Neglected Child Reporting Act;
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| (6) The Illinois School Student Records Act; and
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| (7) Section 10-17a of the School Code regarding school | 20 |
| report cards.
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| (h) A charter school may negotiate and contract with a | 22 |
| school district, the
governing body of a State college or | 23 |
| university or public community college, or
any other public or | 24 |
| for-profit or nonprofit private entity for: (i) the use
of a | 25 |
| school building and grounds or any other real property or | 26 |
| facilities that
the charter school desires to use or convert |
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HB5269 |
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LRB095 14912 NHT 40856 b |
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| for use as a charter school site,
(ii) the operation and | 2 |
| maintenance thereof, and
(iii) the provision of any service, | 3 |
| activity, or undertaking that the charter
school is required to | 4 |
| perform in order to carry out the terms of its charter.
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| However, a charter school
that is established on
or
after the | 6 |
| effective date of this amendatory Act of the 93rd General
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| Assembly and that operates
in a city having a population | 8 |
| exceeding
500,000 may not contract with a for-profit entity to
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| manage or operate the school during the period that commences | 10 |
| on the
effective date of this amendatory Act of the 93rd | 11 |
| General Assembly and
concludes at the end of the 2004-2005 | 12 |
| school year.
Except as provided in subsection (i) of this | 13 |
| Section, a school district may
charge a charter school | 14 |
| reasonable rent for the use of the district's
buildings, | 15 |
| grounds, and facilities. Any services for which a charter | 16 |
| school
contracts
with a school district shall be provided by | 17 |
| the district at cost. Any services
for which a charter school | 18 |
| contracts with a local school board or with the
governing body | 19 |
| of a State college or university or public community college
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| shall be provided by the public entity at cost.
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| (i) In no event shall a charter school that is established | 22 |
| by converting an
existing school or attendance center to | 23 |
| charter school status be required to
pay rent for space
that is | 24 |
| deemed available, as negotiated and provided in the charter | 25 |
| agreement,
in school district
facilities. However, all other | 26 |
| costs for the operation and maintenance of
school district |
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HB5269 |
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LRB095 14912 NHT 40856 b |
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| facilities that are used by the charter school shall be subject
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| to negotiation between
the charter school and the local school | 3 |
| board and shall be set forth in the
charter.
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| (j) A charter school may limit student enrollment by age or | 5 |
| grade level.
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| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, | 7 |
| eff. 7-14-05.)
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