Full Text of HB0494 98th General Assembly
HB0494ham001 98TH GENERAL ASSEMBLY | Rep. Linda Chapa LaVia Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 494
| 2 | | AMENDMENT NO. ______. Amend House Bill 494 by replacing | 3 | | everything after the enacting clause with the following:
| 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 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 |
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| 1 | | General
Assembly, in all new
applications submitted to the | 2 | | State Board or a local school board to establish
a charter
| 3 | | school in a city having a population exceeding 500,000, | 4 | | operation of the
charter
school shall be limited to one campus. | 5 | | The changes made to this Section by this
amendatory Act
of the | 6 | | 93rd General
Assembly do not apply to charter schools existing | 7 | | or approved on or before the
effective date of this
amendatory | 8 | | Act. | 9 | | (b-5) In this subsection (b-5): | 10 | | "Virtual-blended" means virtual-schooling but with | 11 | | in-person components. | 12 | | "Virtual-schooling" means the teaching of courses through | 13 | | online methods with online instructors, rather than the | 14 | | instructor and student being at the same physical location. | 15 | | "Virtual-schooling" includes without limitation instruction | 16 | | provided by full-time, online virtual schools or | 17 | | virtual-blended schools. | 18 | | From April 1, 2013 through April 1, 2016, there is a | 19 | | moratorium on the establishment of charter schools with | 20 | | virtual-schooling components. This moratorium does not apply | 21 | | to a charter school with virtual-schooling components existing | 22 | | or approved prior to April 1, 2013 or to the renewal of the | 23 | | charter of a charter school with virtual-schooling components | 24 | | already approved prior to April 1, 2013.
| 25 | | (c) A charter school shall be administered and governed by | 26 | | its board of
directors or other governing body
in the manner |
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| 1 | | provided in its charter. The governing body of a charter school
| 2 | | shall be subject to the Freedom of Information Act and the Open | 3 | | Meetings Act.
| 4 | | (d) A charter school shall comply with all applicable | 5 | | health and safety
requirements applicable to public schools | 6 | | under the laws of the State of
Illinois.
| 7 | | (e) Except as otherwise provided in the School Code, a | 8 | | charter school shall
not charge tuition; provided that a | 9 | | charter school may charge reasonable fees
for textbooks, | 10 | | instructional materials, and student activities.
| 11 | | (f) A charter school shall be responsible for the | 12 | | management and operation
of its fiscal affairs including,
but | 13 | | not limited to, the preparation of its budget. An audit of each | 14 | | charter
school's finances shall be conducted annually by an | 15 | | outside, independent
contractor retained by the charter | 16 | | school. Annually, by December 1, every charter school must | 17 | | submit to the State Board a copy of its audit and a copy of the | 18 | | Form 990 the charter school filed that year with the federal | 19 | | Internal Revenue Service.
| 20 | | (g) A charter school shall comply with all provisions of | 21 | | this Article, the Illinois Educational Labor Relations Act, and
| 22 | | its charter. A charter
school is exempt from all other State | 23 | | laws and regulations in the School Code
governing public
| 24 | | schools and local school board policies, except the following:
| 25 | | (1) Sections 10-21.9 and 34-18.5 of the School Code | 26 | | regarding criminal
history records checks and checks of the |
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| 1 | | Statewide Sex Offender Database and Statewide Murderer and | 2 | | Violent Offender Against Youth Database of applicants for | 3 | | employment;
| 4 | | (2) Sections 24-24 and 34-84A of the School Code | 5 | | regarding discipline of
students;
| 6 | | (3) The Local Governmental and Governmental Employees | 7 | | Tort Immunity Act;
| 8 | | (4) Section 108.75 of the General Not For Profit | 9 | | Corporation Act of 1986
regarding indemnification of | 10 | | officers, directors, employees, and agents;
| 11 | | (5) The Abused and Neglected Child Reporting Act;
| 12 | | (6) The Illinois School Student Records Act;
| 13 | | (7) Section 10-17a of the School Code regarding school | 14 | | report cards; and
| 15 | | (8) The P-20 Longitudinal Education Data System Act. | 16 | | The change made by Public Act 96-104 to this subsection (g) | 17 | | is declaratory of existing law. | 18 | | (h) A charter school may negotiate and contract with a | 19 | | school district, the
governing body of a State college or | 20 | | university or public community college, or
any other public or | 21 | | for-profit or nonprofit private entity for: (i) the use
of a | 22 | | school building and grounds or any other real property or | 23 | | facilities that
the charter school desires to use or convert | 24 | | for use as a charter school site,
(ii) the operation and | 25 | | maintenance thereof, and
(iii) the provision of any service, | 26 | | activity, or undertaking that the charter
school is required to |
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| 1 | | perform in order to carry out the terms of its charter.
| 2 | | However, a charter school
that is established on
or
after the | 3 | | effective date of this amendatory Act of the 93rd General
| 4 | | Assembly and that operates
in a city having a population | 5 | | exceeding
500,000 may not contract with a for-profit entity to
| 6 | | manage or operate the school during the period that commences | 7 | | on the
effective date of this amendatory Act of the 93rd | 8 | | General Assembly and
concludes at the end of the 2004-2005 | 9 | | school year.
Except as provided in subsection (i) of this | 10 | | Section, a school district may
charge a charter school | 11 | | reasonable rent for the use of the district's
buildings, | 12 | | grounds, and facilities. Any services for which a charter | 13 | | school
contracts
with a school district shall be provided by | 14 | | the district at cost. Any services
for which a charter school | 15 | | contracts with a local school board or with the
governing body | 16 | | of a State college or university or public community college
| 17 | | shall be provided by the public entity at cost.
| 18 | | (i) In no event shall a charter school that is established | 19 | | by converting an
existing school or attendance center to | 20 | | charter school status be required to
pay rent for space
that is | 21 | | deemed available, as negotiated and provided in the charter | 22 | | agreement,
in school district
facilities. However, all other | 23 | | costs for the operation and maintenance of
school district | 24 | | facilities that are used by the charter school shall be subject
| 25 | | to negotiation between
the charter school and the local school | 26 | | board and shall be set forth in the
charter.
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| 1 | | (j) A charter school may limit student enrollment by age or | 2 | | grade level.
| 3 | | (k) If the charter school is approved by the Commission, | 4 | | then the Commission charter school is its own local education | 5 | | agency. | 6 | | (Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; | 7 | | 96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. | 8 | | 7-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. | 9 | | 7-13-12.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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