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92_HB0389
LRB9203786NTsb
1 AN ACT regarding 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
5 Sections 27A-3, 27A-4, 27A-5, 27A-6, 27A-6.5, 27A-7, 27A-8,
6 27A-9, 27A-10, 27A-11, and 27A-11.5 and adding Section
7 27A-11.10 as follows:
8 (105 ILCS 5/27A-3)
9 Sec. 27A-3. Definitions. For purposes of this Article:
10 "At-risk pupil" means a pupil who, because of physical,
11 emotional, socioeconomic, or cultural factors, is less likely
12 to succeed in a conventional educational environment.
13 "Local school board" means the duly elected or appointed
14 school board or board of education of a public school
15 district, including special charter districts, and school
16 districts located in cities having a population of more than
17 500,000, and school districts in which a district-wide
18 charter school system is established under Section 27A-11.10
19 organized under the laws of this State.
20 "State Board" means the State Board of Education.
21 Unless otherwise expressly provided or unless otherwise
22 required by the context in which it is used, a "charter
23 school" includes a charter school that forms a part of a
24 district-wide charter school system established under Section
25 27A-11.10.
26 (Source: P.A. 89-450, eff. 4-10-96.)
27 (105 ILCS 5/27A-4)
28 Sec. 27A-4. General Provisions.
29 (a) The General Assembly does not intend to alter or
30 amend the provisions of any court-ordered desegregation plan
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1 in effect for any school district. A charter school,
2 including a charter school that forms a part of a
3 district-wide charter school system established under Section
4 27A-11.10, shall be subject to all federal and State laws and
5 constitutional provisions prohibiting discrimination on the
6 basis of disability, race, creed, color, gender, national
7 origin, religion, ancestry, marital status, or need for
8 special education services.
9 (b) The total number of charter schools operating under
10 this Article at any one time shall not exceed 45. Not more
11 than 15 charter schools shall operate at any one time in any
12 city having a population exceeding 500,000; not more than 15
13 charter schools shall operate at any one time in the counties
14 of DuPage, Kane, Lake, McHenry, Will, and that portion of
15 Cook County that is located outside a city having a
16 population exceeding 500,000, with not more than one charter
17 school that has been initiated by a board of education, or by
18 an intergovernmental agreement between or among boards of
19 education, operating at any one time in the school district
20 where the charter school is located; and not more than 15
21 charter schools shall operate at any one time in the
22 remainder of the State, with not more than one charter school
23 that has been initiated by a board of education, or by an
24 intergovernmental agreement between or among boards of
25 education, operating at any one time in the school district
26 where the charter school is located.
27 Charter schools that form a part of a district-wide
28 charter school system established under Section 27A-11.10
29 shall not be counted for purposes of determining the total or
30 maximum number of charter schools operating or authorized to
31 operate under this Article at any one time in the State, in
32 any city or county of the State, or in a school district.
33 For purposes of implementing this Section, the State
34 Board shall assign a number to each charter submission it
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1 receives under Section 27A-6 for its review and
2 certification, based on the chronological order in which the
3 submission is received by it, except that no number need be
4 assigned to a submission made with respect to a district-wide
5 charter school system and its charter schools established or
6 to be established under Section 27A-11.10. The State Board
7 shall promptly notify local school boards when the maximum
8 numbers of certified charter schools authorized to operate
9 have been reached.
10 (c) No charter shall be granted under this Article that
11 would convert any existing private, parochial, or non-public
12 school to a charter school.
13 (d) Enrollment in a charter school shall be open to any
14 pupil who resides within the geographic boundaries of the
15 area served by the local school board.
16 (e) Nothing in this Article shall prevent 2 or more
17 local school boards from jointly issuing a charter to a
18 single shared charter school, provided that all of the
19 provisions of this Article are met as to those local school
20 boards.
21 (f) Except in a school district in which a district-wide
22 charter school system is established under Section 27A-11.10,
23 no local school board may shall require any employee of the
24 school district to be employed in a charter school.
25 (g) No local school board shall require any pupil
26 residing within the geographic boundary of its district to
27 enroll in a charter school.
28 (h) If there are more eligible applicants for enrollment
29 in a charter school that is not part of a district-wide
30 charter school system established under Section 27A-11.10
31 than there are spaces available, successful applicants shall
32 be selected by lottery. However, priority shall be given to
33 siblings of pupils enrolled in the charter school and to
34 pupils who were enrolled in the charter school the previous
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1 school year, unless expelled for cause. Dual enrollment at
2 both a charter school and another a public school or a
3 non-public school shall not be allowed. A pupil who is
4 suspended or expelled from a charter school, including a
5 charter school that forms a part of a district-wide charter
6 school system established under Section 27A-11.10, shall be
7 deemed to be suspended or expelled from all of the public
8 schools of the school district in which the pupil resides.
9 (i) (Blank).
10 (Source: P.A. 91-357, eff. 7-29-99; 91-405, eff. 8-3-99;
11 91-407, eff. 8-3-99; revised 8-27-99.)
12 (105 ILCS 5/27A-5)
13 Sec. 27A-5. Charter school; legal entity; requirements.
14 (a) A charter school shall be a public, nonsectarian,
15 nonreligious, non-home based, and non-profit school. A
16 charter school shall be organized and operated as a nonprofit
17 corporation or other discrete, legal, nonprofit entity
18 authorized under the laws of the State of Illinois.
19 (b) A charter school may be established under this
20 Article by creating a new school, or by converting an
21 existing public school or attendance center to charter school
22 status, or through the creation of a district-wide charter
23 school system under Section 27A-11.10.
24 (c) A charter school, including a charter school that
25 forms a part of a district-wide charter school system
26 established under Section 27A-11.10, shall be administered
27 and governed by its board of directors or other governing
28 body in the manner provided in its charter. The governing
29 body of each such a charter school shall be subject to the
30 Freedom of Information Act and the Open Meetings Act.
31 (d) A charter school, including a charter school that
32 forms a part of a district-wide charter school system
33 established under Section 27A-11.10, shall comply with all
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1 applicable health and safety requirements applicable to
2 public schools under the laws of the State of Illinois.
3 (e) Except as otherwise provided in the School Code, no
4 a charter school, including a charter school that forms a
5 part of a district-wide charter school system established
6 under Section 27A-11.10, shall not charge tuition; provided
7 that each such a charter school may charge reasonable fees
8 for textbooks, instructional materials, and student
9 activities.
10 (f) A charter school shall be responsible for the
11 management and operation of its fiscal affairs including, but
12 not limited to, the preparation of its budget, except that
13 under a district-wide charter school system established under
14 Section 27A-11.10, the local school board is responsible for
15 the management and operation of the fiscal affairs of each
16 charter school that forms a part of the district-wide charter
17 school system and for the preparation of the budget of that
18 system. An audit of the each charter school's finances of
19 each charter school or district-wide charter school system
20 shall be conducted annually by an outside, independent
21 contractor retained by the governing body of the charter
22 school or district-wide charter school system.
23 (g) A charter school, including a charter school that
24 forms part of a district-wide charter school system
25 established under Section 27A-11.10, shall comply with all
26 provisions of this Article and its charter. Each such A
27 charter school is exempt from all other State laws and
28 regulations in the School Code governing public schools (and
29 each charter school that is not part of a district-wide
30 charter school system established under Section 27A-11.10
31 also is exempt from all local school board policies), except
32 the following:
33 (1) Sections 10-21.9 and 34-18.5 of the School Code
34 regarding criminal background investigations of
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1 applicants for employment;
2 (2) Sections 24-24 and 34-84A of the School Code
3 regarding discipline of students;
4 (2.5) For a district-wide charter school system
5 established under Section 27A-11.10 and its charter
6 schools, Articles 14 and 14A relative to the education of
7 children with disabilities and gifted children and
8 Article 14C relative to transitional bilingual education
9 programs;
10 (3) The Local Governmental and Governmental
11 Employees Tort Immunity Act;
12 (4) Section 108.75 of the General Not For Profit
13 Corporation Act of 1986 regarding indemnification of
14 officers, directors, employees, and agents;
15 (5) The Abused and Neglected Child Reporting Act;
16 (6) The Illinois School Student Records Act; and
17 (7) Section 10-17a of the School Code regarding
18 school report cards.
19 (h) A charter school may negotiate and contract with a
20 school district, the governing body of a State college or
21 university or public community college, or any other public
22 or for-profit or nonprofit private entity for: (i) the use of
23 a school building and grounds or any other real property or
24 facilities that the charter school desires to use or convert
25 for use as a charter school site, (ii) the operation and
26 maintenance thereof, and (iii) the provision of any service,
27 activity, or undertaking that the charter school is required
28 to perform in order to carry out the terms of its charter.
29 Except as provided in subsection (i) of this Section, a
30 school district may charge a charter school reasonable rent
31 for the use of the district's buildings, grounds, and
32 facilities. Any services for which a charter school
33 contracts with a school district shall be provided by the
34 district at cost. Any services for which a charter school
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1 contracts with a local school board or with the governing
2 body of a State college or university or public community
3 college shall be provided by the public entity at cost. The
4 provisions of this subsection (h) are not applicable in a
5 district-wide charter school system established under Section
6 27A-11.10 nor in the charter schools that form a part of that
7 system.
8 (i) In no event shall a charter school that is
9 established by converting an existing school or attendance
10 center to charter school status be required to pay rent for
11 space that is deemed available, as negotiated and provided in
12 the charter agreement, in school district facilities.
13 However, all other costs for the operation and maintenance of
14 school district facilities that are used by the charter
15 school shall be subject to negotiation between the charter
16 school and the local school board and shall be set forth in
17 the charter. The provisions of this subsection are not
18 applicable in a district-wide charter school system
19 established under Section 27A-11.10 nor in the charter
20 schools that form a part of that system.
21 (j) A charter school, including a charter school that
22 forms part of a district-wide charter school system
23 established under Section 27A-11.10, may limit student
24 enrollment by age or grade level.
25 (Source: P.A. 91-407, eff. 8-3-99.)
26 (105 ILCS 5/27A-6)
27 Sec. 27A-6. Contract contents; applicability of laws and
28 regulations.
29 (a) Except with respect to a charter school that forms a
30 part of a district-wide charter school system established
31 under Section 27A-11.10, a certified charter shall constitute
32 a binding contract and agreement between the charter school
33 and a local school board under the terms of which the local
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1 school board authorizes the governing body of the charter
2 school to operate the charter school on the terms specified
3 in the contract. A certified charter applicable to the
4 charter schools that form a part of a district-wide charter
5 school system established under Section 27A-11.10 shall
6 constitute a binding contract and agreement between the local
7 school board, as the governing body of the district-wide
8 charter school system, and the State Board under the terms of
9 which the State Board authorizes the local school board to
10 operate the charter schools that form a part of the
11 district-wide charter school system on the terms specified in
12 the contract.
13 (b) Notwithstanding any other provision of this Article,
14 the certified charter may not waive or release the charter
15 school, including a charter school that forms a part of a
16 district-wide charter school system established under Section
17 27A-11.10, from the State goals, standards, and assessments
18 established pursuant to Section 2-3.64.
19 (c) Subject to the provisions of subsection (e), a
20 material revision to a previously certified contract or a
21 renewal shall be made with the approval of both the local
22 school board and the governing body of the charter school or,
23 in the case of a district wide charter school system, with
24 the approval of both the State Board and the local school
25 board.
26 (c-5) The proposed contract shall include a provision on
27 how both parties will address minor violations of the
28 contract.
29 (d) The proposed contract between the governing body of
30 a proposed charter school and the local school board as
31 described in Section 27A-7 must be submitted to and certified
32 by the State Board before it can take effect. A proposed
33 contract between a local school board, as the governing body
34 of a district-wide charter school system established under
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1 Section 27A-11.10, and the State Board also must be submitted
2 to and certified by the State Board before it can take
3 effect. If the State Board recommends that the proposed
4 contract be modified for consistency with this Article before
5 it can be certified, the modifications must be consented to
6 by both the governing body of the charter school and the
7 local school board, or by the local school board alone in the
8 case of a proposed contract for the establishment of a
9 district-wide charter school system under Section 27A-11.10,
10 and resubmitted to the State Board for its certification. If
11 the proposed contract is resubmitted in a form that is not
12 consistent with this Article, the State Board may refuse to
13 certify the charter.
14 The State Board shall assign a number to each submission
15 or resubmission in chronological order of receipt, and shall
16 determine whether the proposed contract is consistent with
17 the provisions of this Article. A number need not be
18 assigned to a submission made with respect to a district-wide
19 charter school system and its charter schools established or
20 to be established under Section 27A-11.10. If the proposed
21 contract complies, the State Board shall so certify.
22 (e) No material revision to a previously certified
23 contract or a renewal shall be effective unless and until the
24 State Board certifies that the revision or renewal is
25 consistent with the provisions of this Article.
26 (Source: P.A. 91-407, eff. 8-3-99.)
27 (105 ILCS 5/27A-6.5)
28 Sec. 27A-6.5. Charter school referendum.
29 (a) No charter shall be approved under this Section that
30 would convert any existing private, parochial, or non-public
31 school to a charter school or whose proposal has not been
32 certified by the State Board.
33 (b) A local school board shall, whenever petitioned to
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1 do so by 5% or more of the voters of a school district or
2 districts identified in a charter school proposal, order
3 submitted to the voters thereof at a regularly scheduled
4 election the question of whether a new charter school shall
5 be established, which proposal has been certified by the
6 State Board to be in compliance with the provisions of this
7 Article, and the secretary shall certify the proposition to
8 the proper election authorities for submission in accordance
9 with the general election law. The proposition shall be in
10 substantially the following form:
11 "FOR the establishment of (name of proposed charter
12 school) under charter school proposal (charter school
13 proposal number).
14 AGAINST the establishment of (name of proposed
15 charter school) under charter school proposal (charter
16 school proposal number)".
17 (c) Before circulating a petition to submit the question
18 of whether to establish a charter school to the voters under
19 subsection (b) of this Section, the governing body of a
20 proposed charter school that desires to establish a new
21 charter school by referendum shall submit the charter school
22 proposal to the State Board in the form of a proposed
23 contract to be entered into between the State Board and the
24 governing body of the proposed charter school, as provided
25 under Section 27A-6, together with written notice of the
26 intent to have a new charter school established by
27 referendum. The contract shall comply with the provisions of
28 this Article.
29 If the State Board finds that the proposed contract
30 complies with the provisions of this Article, it shall
31 immediately certify that the proposed contract complies with
32 the provisions of this Article and direct the local school
33 board to notify the proper election authorities that the
34 question of whether to establish a new charter school shall
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1 be submitted for referendum.
2 (d) If the State Board finds that the proposal fails to
3 comply with the provisions of this Article, it shall refuse
4 to certify the proposal and provide written explanation,
5 detailing its reasons for refusal, to the local school board
6 and to the individuals or organizations submitting the
7 proposal. The State Board shall also notify the local school
8 board and the individuals or organizations submitting the
9 proposal that the proposal may be amended and resubmitted
10 under the same provisions required for an original
11 submission.
12 (e) If a majority of the votes cast upon the proposition
13 in each school district designated in the charter school
14 proposal is in favor of establishing a charter school, the
15 local school board shall notify the State Board of the
16 passage of the proposition in favor of establishing a charter
17 school and the State Board shall approve the charter within 7
18 days after the State Board of Elections has certified that a
19 majority of the votes cast upon the proposition is in favor
20 of establishing a charter school. The State Board shall be
21 the chartering entity for charter schools established by
22 referendum under this Section.
23 (f) This Section does not apply to the establishment of
24 a district-wide charter school system or its charter schools
25 under Section 27A-11.10.
26 (Source: P.A. 91-407, eff. 8-3-99.)
27 (105 ILCS 5/27A-7)
28 Sec. 27A-7. Charter submission.
29 (a) A proposal to establish a charter school shall be
30 submitted to the State Board and the local school board in
31 the form of a proposed contract entered into between the
32 local school board and the governing body of a proposed
33 charter school. The charter school proposal as submitted to
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1 the State Board shall include:
2 (1) The name of the proposed charter school, which
3 must include the words "Charter School".
4 (2) The age or grade range, areas of focus, minimum
5 and maximum numbers of pupils to be enrolled in the
6 charter school, and any other admission criteria that
7 would be legal if used by a school district.
8 (3) A description of and address for the physical
9 plant in which the charter school will be located;
10 provided that nothing in the Article shall be deemed to
11 justify delaying or withholding favorable action on or
12 approval of a charter school proposal because the
13 building or buildings in which the charter school is to
14 be located have not been acquired or rented at the time a
15 charter school proposal is submitted or approved or a
16 charter school contract is entered into or submitted for
17 certification or certified, so long as the proposal or
18 submission identifies and names at least 2 sites that are
19 potentially available as a charter school facility by the
20 time the charter school is to open.
21 (4) The mission statement of the charter school,
22 which must be consistent with the General Assembly's
23 declared purposes; provided that nothing in this Article
24 shall be construed to require that, in order to receive
25 favorable consideration and approval, a charter school
26 proposal demonstrate unequivocally that the charter
27 school will be able to meet each of those declared
28 purposes, it being the intention of the Charter Schools
29 Law that those purposes be recognized as goals that
30 charter schools must aspire to attain.
31 (5) The goals, objectives, and pupil performance
32 standards to be achieved by the charter school.
33 (6) In the case of a proposal to establish a
34 charter school by converting an existing public school or
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1 attendance center to charter school status, evidence that
2 the proposed formation of the charter school has received
3 the approval of certified teachers, parents and
4 guardians, and, if applicable, a local school council as
5 provided in subsection (b) of Section 27A-8.
6 (7) A description of the charter school's
7 educational program, pupil performance standards,
8 curriculum, school year, school days, and hours of
9 operation.
10 (8) A description of the charter school's plan for
11 evaluating pupil performance, the types of assessments
12 that will be used to measure pupil progress towards
13 achievement of the school's pupil performance standards,
14 the timeline for achievement of those standards, and the
15 procedures for taking corrective action in the event that
16 pupil performance at the charter school falls below those
17 standards.
18 (9) Evidence that the terms of the charter as
19 proposed are economically sound for both the charter
20 school and the school district, a proposed budget for the
21 term of the charter, a description of the manner in which
22 an annual audit of the financial and administrative
23 operations of the charter school, including any services
24 provided by the school district, are to be conducted, and
25 a plan for the displacement of pupils, teachers, and
26 other employees who will not attend or be employed in the
27 charter school.
28 (10) A description of the governance and operation
29 of the charter school, including the nature and extent of
30 parental, professional educator, and community
31 involvement in the governance and operation of the
32 charter school.
33 (11) An explanation of the relationship that will
34 exist between the charter school and its employees,
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1 including evidence that the terms and conditions of
2 employment have been addressed with affected employees
3 and their recognized representative, if any. However, a
4 bargaining unit of charter school employees shall be
5 separate and distinct from any bargaining units formed
6 from employees of a school district in which the charter
7 school is located.
8 (12) An agreement between the parties regarding
9 their respective legal liability and applicable insurance
10 coverage.
11 (13) A description of how the charter school plans
12 to meet the transportation needs of its pupils, and a
13 plan for addressing the transportation needs of
14 low-income and at-risk pupils.
15 (14) The proposed effective date and term of the
16 charter; provided that the first day of the first
17 academic year and the first day of the fiscal year shall
18 be no earlier than August 15 and no later than September
19 15 of a calendar year.
20 (15) Any other information reasonably required by
21 the State Board of Education.
22 (b) A proposal to establish a charter school may be
23 initiated by individuals or organizations that will have
24 majority representation on the board of directors or other
25 governing body of the corporation or other discrete legal
26 entity that is to be established to operate the proposed
27 charter school, by a board of education or an
28 intergovernmental agreement between or among boards of
29 education, or by the board of directors or other governing
30 body of a discrete legal entity already existing or
31 established to operate the proposed charter school. The
32 individuals or organizations referred to in this subsection
33 may be school teachers, school administrators, local school
34 councils, colleges or universities or their faculty members,
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1 public community colleges or their instructors or other
2 representatives, corporations, or other entities or their
3 representatives. The proposal shall be submitted to the
4 local school board for consideration and, if appropriate, for
5 development of a proposed contract to be submitted to the
6 State Board for certification under Section 27A-6.
7 (c) The local school board may not without the consent
8 of the governing body of the charter school condition its
9 approval of a charter school proposal on acceptance of an
10 agreement to operate under State laws and regulations and
11 local school board policies from which the charter school is
12 otherwise exempted under this Article.
13 (d) This Section does not apply to the establishment of
14 a district-wide charter school system or its charter schools
15 under Section 27A-11.10, and the form and content of a
16 charter submission that is submitted to the State Board on
17 behalf of a district-wide charter school system and its
18 charter schools as required by Section 27A-11.10 shall be
19 governed solely by the provisions of that Section.
20 (Source: P.A. 90-548, eff. 1-1-98; 91-405, eff. 8-3-99.)
21 (105 ILCS 5/27A-8)
22 Sec. 27A-8. Evaluation of charter proposals.
23 (a) This Section does not apply to a charter school
24 established by referendum under Section 27A-6.5. In
25 evaluating any charter school proposal submitted to it, the
26 local school board shall give preference to proposals that:
27 (1) demonstrate a high level of local pupil,
28 parental, community, business, and school personnel
29 support;
30 (2) set rigorous levels of expected pupil
31 achievement and demonstrate feasible plans for attaining
32 those levels of achievement; and
33 (3) are designed to enroll and serve a substantial
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1 proportion of at-risk children; provided that nothing in
2 the Charter Schools Law shall be construed as intended to
3 limit the establishment of charter schools to those that
4 serve a substantial portion of at-risk children or to in
5 any manner restrict, limit, or discourage the
6 establishment of charter schools that enroll and serve
7 other pupil populations under a nonexclusive,
8 nondiscriminatory admissions policy.
9 (b) In the case of a proposal to establish a charter
10 school by converting an existing public school or attendance
11 center to charter school status, evidence that the proposed
12 formation of the charter school has received majority support
13 from certified teachers and from parents and guardians in the
14 school or attendance center affected by the proposed charter,
15 and, if applicable, from a local school council, shall be
16 demonstrated by a petition in support of the charter school
17 signed by certified teachers and a petition in support of the
18 charter school signed by parents and guardians and, if
19 applicable, by a vote of the local school council held at a
20 public meeting. In the case of all other proposals to
21 establish a charter school, evidence of sufficient support to
22 fill the number of pupil seats set forth in the proposal may
23 be demonstrated by a petition in support of the charter
24 school signed by parents and guardians of students eligible
25 to attend the charter school. In all cases, the individuals,
26 organizations, or entities who initiate the proposal to
27 establish a charter school may elect, in lieu of including
28 any petition referred to in this subsection as a part of the
29 proposal submitted to the local school board, to demonstrate
30 that the charter school has received the support referred to
31 in this subsection by other evidence and information
32 presented at the public meeting that the local school board
33 is required to convene under this Section.
34 (c) Within 45 days of receipt of a charter school
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1 proposal, the local school board shall convene a public
2 meeting to obtain information to assist the board in its
3 decision to grant or deny the charter school proposal.
4 (d) Notice of the public meeting required by this
5 Section shall be published in a community newspaper published
6 in the school district in which the proposed charter is
7 located and, if there is no such newspaper, then in a
8 newspaper published in the county and having circulation in
9 the school district. The notices shall be published not more
10 than 10 days nor less than 5 days before the meeting and
11 shall state that information regarding a charter school
12 proposal will be heard at the meeting. Copies of the notice
13 shall also be posted at appropriate locations in the school
14 or attendance center proposed to be established as a charter
15 school, the public schools in the school district, and the
16 local school board office.
17 (e) Within 30 days of the public meeting, the local
18 school board shall vote, in a public meeting, to either grant
19 or deny the charter school proposal.
20 (f) Within 7 days of the public meeting required under
21 subsection (e), the local school board shall file a report
22 with the State Board granting or denying the proposal. Within
23 14 days of receipt of the local school board's report, the
24 State Board shall determine whether the approved charter
25 proposal is consistent with the provisions of this Article
26 and, if the approved proposal complies, certify the proposal
27 pursuant to Section 27A-6.
28 (g) This Section does not apply to the establishment of
29 a district-wide charter school system or its charter schools
30 under Section 27A-11.10.
31 (Source: P.A. 90-548, eff. 1-1-98; 91-407, eff. 8-3-99.)
32 (105 ILCS 5/27A-9)
33 Sec. 27A-9. Term of charter; renewal.
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1 (a) A charter may be granted for a period not less than
2 5 and not more than 10 school years. A charter may be
3 renewed in incremental periods not to exceed 5 school years.
4 (b) A charter school renewal proposal submitted to the
5 local school board or State Board, as the chartering entity,
6 shall contain:
7 (1) A report on the progress of the charter school
8 in achieving the goals, objectives, pupil performance
9 standards, content standards, and other terms of the
10 initial approved charter proposal; and
11 (2) A financial statement that discloses the costs
12 of administration, instruction, and other spending
13 categories for the charter school that is understandable
14 to the general public and that will allow comparison of
15 those costs to other schools or other comparable
16 organizations, in a format required by the State Board.
17 (c) A charter may be revoked or not renewed if the local
18 school board or State Board, as the chartering entity,
19 clearly demonstrates that the charter school did any of the
20 following, or otherwise failed to comply with the
21 requirements of this law:
22 (1) Committed a material violation of any of the
23 conditions, standards, or procedures set forth in the
24 charter.
25 (2) Failed to meet or make reasonable progress
26 toward achievement of the content standards or pupil
27 performance standards identified in the charter.
28 (3) Failed to meet generally accepted standards of
29 fiscal management.
30 (4) Violated any provision of law from which the
31 charter school was not exempted.
32 (d) (Blank).
33 (e) Notice of a local school board's decision to deny,
34 revoke or not to renew a charter shall be provided to the
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1 State Board. The State Board may reverse a local board's
2 decision if the State Board finds that the charter school or
3 charter school proposal (i) is in compliance with this
4 Article, and (ii) is in the best interests of the students it
5 is designed to serve. The State Board may condition the
6 granting of an appeal on the acceptance by the charter school
7 of funding in an amount less than that requested in the
8 proposal submitted to the local school board. Final decisions
9 of the State Board shall be subject to judicial review under
10 the Administrative Review Law.
11 (f) Notwithstanding other provisions of this Article, if
12 the State Board on appeal reverses a local board's decision
13 or if a charter school is approved by referendum, the State
14 Board shall act as the authorized chartering entity for the
15 charter school. The State Board shall approve and certify
16 the charter and shall perform all functions under this
17 Article otherwise performed by the local school board. The
18 State Board shall report the aggregate number of charter
19 school pupils resident in a school district to that district
20 and shall notify the district of the amount of funding to be
21 paid by the State Board to the charter school enrolling such
22 students. The State Board shall require the charter school to
23 maintain accurate records of daily attendance that shall be
24 deemed sufficient to file claims under Section 18-8.05
25 notwithstanding any other requirements of that Section
26 regarding hours of instruction and teacher certification. The
27 State Board shall withhold from funds otherwise due the
28 district the funds authorized by this Article to be paid to
29 the charter school and shall pay such amounts to the charter
30 school.
31 (g) This Section does not apply to the term of the
32 charter of a district-wide charter school system and its
33 charter schools established under Section 27A-11.10 nor to
34 the conditions under which that charter may be revoked or
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1 renewed. The term of any such charter and the conditions for
2 the revocation and renewal of that charter shall be governed
3 solely by the provisions of Section 27A-11.10.
4 (Source: P.A. 90-548, eff. 1-1-98; 91-96, eff. 7-9-99;
5 91-407, eff. 8-3-99; revised 10-7-99.)
6 (105 ILCS 5/27A-10)
7 Sec. 27A-10. Employees.
8 (a) A person shall be deemed to be employed by a charter
9 school unless a collective bargaining agreement or the
10 charter school contract otherwise provides. The provisions of
11 this subsection (a) are not applicable in a district-wide
12 charter school system established under Section 27A-11.10 nor
13 in the charter schools that form a part of that system.
14 (b) In all school districts, including special charter
15 districts and districts located in cities having a population
16 exceeding 500,000, the local school board shall determine by
17 policy or by negotiated agreement, if one exists, the
18 employment status of any school district employees who are
19 employed by a charter school and who seek to return to
20 employment in the public schools of the district. Each local
21 school board shall grant, for a period of up to 5 years, a
22 leave of absence to those of its teachers who accept
23 employment with a charter school. At the end of the
24 authorized leave of absence, the teacher must return to the
25 school district or resign; provided, however, that if the
26 teacher chooses to return to the school district, the teacher
27 must be assigned to a position which requires the teacher's
28 certification and legal qualifications. The contractual
29 continued service status and retirement benefits of a teacher
30 of the district who is granted a leave of absence to accept
31 employment with a charter school shall not be affected by
32 that leave of absence. The provisions of this subsection (b)
33 are not applicable in a district-wide charter school system
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1 established under Section 27A-11.10 nor in the charter
2 schools that form a part of that system.
3 (c) Charter schools, including charter schools that form
4 a part of a district-wide charter school system established
5 under Section 27A-11.10, shall employ in instructional
6 positions, as defined in the charter, individuals who are
7 certificated under Article 21 of the School Code or who
8 possess the following qualifications:
9 (i) graduated with a bachelor's degree from an
10 accredited institution of higher learning;
11 (ii) been employed for a period of at least 5 years
12 in an area requiring application of the individual's
13 education;
14 (iii) passed the tests of basic skills and subject
15 matter knowledge required by Section 21-1a of the School
16 Code; and
17 (iv) demonstrate continuing evidence of
18 professional growth which shall include, but not be
19 limited to, successful teaching experience, attendance at
20 professional meetings, membership in professional
21 organizations, additional credits earned at institutions
22 of higher learning, travel specifically for educational
23 purposes, and reading of professional books and
24 periodicals.
25 Charter schools, including charter schools that form a
26 part of a district-wide charter school system established
27 under Section 27A-11.10, employing individuals without
28 certification in instructional positions shall provide such
29 mentoring, training, and staff development for those
30 individuals as the charter schools determine necessary for
31 satisfactory performance in the classroom.
32 Notwithstanding any other provisions of the School Code,
33 charter schools, including a charter school that forms a part
34 of a district-wide charter school system established under
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1 Section 27A-11.10, may employ non-certificated staff in all
2 other positions.
3 (d) A teacher at a charter school, including a charter
4 school that forms a part of a district-wide charter school
5 system established under Section 27A-11.10, may resign his or
6 her position only if the teacher gives notice of resignation
7 to the charter school's governing body at least 60 days
8 before the end of the school term, and the resignation must
9 take effect immediately upon the end of the school term.
10 (Source: P.A. 89-450, eff. 4-10-96.)
11 (105 ILCS 5/27A-11)
12 Sec. 27A-11. Local financing.
13 (a) For purposes of the School Code, pupils enrolled in
14 a charter school shall be included in the pupil enrollment of
15 the school district within which the pupil resides. Each
16 charter school (i) shall determine the school district in
17 which each pupil who is enrolled in the charter school
18 resides, (ii) shall report the aggregate number of pupils
19 resident of a school district who are enrolled in the charter
20 school to the school district in which those pupils reside,
21 and (iii) shall maintain accurate records of daily attendance
22 that shall be deemed sufficient to file claims under Section
23 18-8 notwithstanding any other requirements of that Section
24 regarding hours of instruction and teacher certification.
25 (b) Except for a charter school established by
26 referendum under Section 27A-6.5, as part of a charter school
27 contract, the charter school and the local school board shall
28 agree on funding and any services to be provided by the
29 school district to the charter school. Agreed funding that a
30 charter school is to receive from the local school board for
31 a school year shall be paid in equal quarterly installments
32 with the payment of the installment for the first quarter
33 being made not later than July 1, unless the charter
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1 establishes a different payment schedule.
2 All services centrally or otherwise provided by the
3 school district including, but not limited to, rent, food
4 services, custodial services, maintenance, curriculum, media
5 services, libraries, transportation, and warehousing shall be
6 subject to negotiation between a charter school and the local
7 school board and paid for out of the revenues negotiated
8 pursuant to this subsection (b); provided that the local
9 school board shall not attempt, by negotiation or otherwise,
10 to obligate a charter school to provide pupil transportation
11 for pupils for whom a district is not required to provide
12 transportation under the criteria set forth in subsection
13 (a)(13) of Section 27A-7.
14 In no event shall the funding be less than 75% or more
15 than 125% of the school district's per capita student tuition
16 multiplied by the number of students residing in the district
17 who are enrolled in the charter school.
18 It is the intent of the General Assembly that funding and
19 service agreements under this subsection (b) shall be neither
20 a financial incentive nor a financial disincentive to the
21 establishment of a charter school.
22 The charter school may set and collect reasonable fees.
23 Fees collected from students enrolled at a charter school
24 shall be retained by the charter school.
25 (c) Notwithstanding subsection (b) of this Section, the
26 proportionate share of State and federal resources generated
27 by students with disabilities or staff serving them shall be
28 directed to charter schools enrolling those students by their
29 school districts or administrative units. The proportionate
30 share of moneys generated under other federal or State
31 categorical aid programs shall be directed to charter schools
32 serving students eligible for that aid.
33 (d) The governing body of a charter school, including a
34 charter school that forms a part of a district-wide charter
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1 school system established under Section 27A-11.10, is
2 authorized to accept gifts, donations, or grants of any kind
3 made to the charter school and to expend or use gifts,
4 donations, or grants in accordance with the conditions
5 prescribed by the donor; however, a gift, donation, or grant
6 may not be accepted by the governing body if it is subject to
7 any condition contrary to applicable law or contrary to the
8 terms of the contract between the charter school and the
9 local school board. Charter schools, including the charter
10 schools that form a part of a district-wide charter school
11 system established under Section 27A-11.10, shall be
12 encouraged to solicit and utilize community volunteer
13 speakers and other instructional resources when providing
14 instruction on the Holocaust and other historical events.
15 (e) (Blank).
16 (f) The State Board shall provide technical assistance
17 to persons and groups preparing or revising charter
18 applications.
19 (g) At the non-renewal or revocation of its charter,
20 each charter school shall refund to the local board of
21 education all unspent funds.
22 (h) A charter school is authorized to incur temporary,
23 short term debt to pay operating expenses in anticipation of
24 receipt of funds from the local school board.
25 (i) Except as otherwise provided in subsection (d) of
26 this Section, the provisions of this Section are not
27 applicable in a district-wide charter school system
28 established under Section 27A-11.10 or in the charter schools
29 that form a part of that system.
30 (Source: P.A. 90-548, eff. 1-1-98; 90-757, eff. 8-14-98;
31 91-407, eff. 8-3-99.)
32 (105 ILCS 5/27A-11.5)
33 Sec. 27A-11.5. State financing. The State Board of
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1 Education shall make the following funds available to school
2 districts and charter schools, unless the school district or
3 charter school is part of a district-wide charter school
4 system established under Section 27A-11.10:
5 (1) From a separate appropriation made to the State
6 Board for purposes of this subdivision (1), the State
7 Board shall make transition impact aid available to
8 school districts that approve a new charter school or
9 that have funds withheld by the State Board to fund a new
10 charter school that is chartered by the State Board. The
11 amount of the aid shall equal 90% of the per capita
12 funding paid to the charter school during the first year
13 of its initial charter term, 65% of the per capita
14 funding paid to the charter school during the second year
15 of its initial term, and 35% of the per capita funding
16 paid to the charter school during the third year of its
17 initial term. This transition impact aid shall be paid
18 to the local school board in equal quarterly
19 installments, with the payment of the installment for the
20 first quarter being made by August 1st immediately
21 preceding the first, second, and third years of the
22 initial term. The district shall file an application for
23 this aid with the State Board in a format designated by
24 the State Board. If the appropriation is insufficient in
25 any year to pay all approved claims, the impact aid shall
26 be prorated. Transition impact aid shall be paid
27 beginning in the 1999-2000 school year for charter
28 schools that are in the first, second, or third year of
29 their initial term. If House Bill 230 of the 91st
30 General Assembly becomes law, Transition impact aid shall
31 not be paid for any charter school that is proposed and
32 created by one or more boards of education, as authorized
33 under the provisions of Public Act 91-405 House Bill 230
34 of the 91st General Assembly.
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1 (2) From a separate appropriation made for the
2 purpose of this subdivision (2), the State Board shall
3 make grants to charter schools to pay their start-up
4 costs of acquiring educational materials and supplies,
5 textbooks, furniture, and other equipment needed during
6 their initial term. The State Board shall annually
7 establish the time and manner of application for these
8 grants, which shall not exceed $250 per student enrolled
9 in the charter school.
10 (3) The Charter Schools Revolving Loan Fund is
11 created as a special fund in the State treasury. Federal
12 funds, such other funds as may be made available for
13 costs associated with the establishment of charter
14 schools in Illinois, and amounts repaid by charter
15 schools that have received a loan from the Charter
16 Schools Revolving Loan Fund shall be deposited into the
17 Charter Schools Revolving Loan Fund, and the moneys in
18 the Charter Schools Revolving Loan Fund shall be
19 appropriated to the State Board and used to provide
20 interest-free loans to charter schools. These funds
21 shall be used to pay start-up costs of acquiring
22 educational materials and supplies, textbooks, furniture,
23 and other equipment needed in the initial term of the
24 charter school and for acquiring and remodeling a
25 suitable physical plant, within the initial term of the
26 charter school. Loans shall be limited to one loan per
27 charter school and shall not exceed $250 per student
28 enrolled in the charter school. A loan shall be repaid
29 by the end of the initial term of the charter school.
30 The State Board may deduct amounts necessary to repay the
31 loan from funds due to the charter school or may require
32 that the local school board that authorized the charter
33 school deduct such amounts from funds due the charter
34 school and remit these amounts to the State Board,
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1 provided that the local school board shall not be
2 responsible for repayment of the loan. The State Board
3 may use up to 3% of the appropriation to contract with a
4 non-profit entity to administer the loan program.
5 (4) A charter school may apply for and receive,
6 subject to the same restrictions applicable to school
7 districts, any grant administered by the State Board that
8 is available for school districts.
9 (Source: P.A. 91-407, eff. 8-3-99; revised 8-4-99.)
10 (105 ILCS 5/27A-11.10 new)
11 Sec. 27A-11.10. District-wide charter school system.
12 (a) This Section applies only in a district-wide charter
13 school system established as provided in this Section and to
14 the charter schools that form a part of that system. Except
15 as otherwise provided in this or any other Section of the
16 Charter Schools Law, a district-wide charter school system,
17 its charter schools, and the local school board of the school
18 district in which that system is established, as the
19 governing body of that system and each of its charter
20 schools, have all of the rights and duties and are subject to
21 the same limitations as are provided in the Charter Schools
22 Law for other charter schools and their governing bodies.
23 (b) The local school board of a school district that for
24 any school year receives less than 15% of its aggregate
25 revenue for that school year from general and supplemental
26 State aid payments and grants and other financial assistance
27 distributed to the district under Article 18 of this Code, by
28 resolution, may elect to establish a district-wide charter
29 school system within the district for the immediately
30 succeeding school year.
31 (c) For purposes of this Section, a school year shall be
32 deemed to commence on September 1 and end on the ensuing
33 August 31, but the aggregate revenue that a school district
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1 shall be deemed to receive for that school year shall be
2 equal to (i) all amounts received by the school district
3 during the 12-month period that commences on August 1 of the
4 calendar year in which that school year commences from the
5 levy of taxes by the district upon real property, without
6 regard to the calendar or school years in or for which those
7 real property taxes are levied, plus (ii) all general and
8 supplemental State aid payments and grants, together with all
9 other financial assistance, distributed to the school
10 district under Article 18 of this Code during the 12-month
11 period that commences on August 1 of the calendar year in
12 which that school year commences.
13 (d) If a district-wide charter school system is
14 established within a school district for any school year as
15 provided in this Section, then (i) each attendance center
16 within the district shall constitute and be operated as a
17 charter school for that school year, and (ii) the local
18 school board shall serve as the governing body of the
19 district-wide charter school system and each of the charter
20 schools that form a part of that system.
21 (e) Before a local school board that is eligible under
22 subsection (b) of this Section to establish a district-wide
23 charter school system may adopt a resolution establishing
24 such system within the school district for any school year,
25 the local school board shall convene a public meeting to
26 obtain information to assist it in determining whether the
27 resolution should be adopted. The public meeting shall be
28 held not more than 60 nor less than 45 days before
29 commencement of the school year for which the district-wide
30 charter school system may be established. Notice that
31 information regarding the question of whether a district-wide
32 charter school system should be established within the school
33 district for the ensuing school year will be heard at the
34 public meeting shall be published by the local school board
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1 not more than 10 nor less than 5 days before the meeting in a
2 community newspaper published in the district, or if there is
3 no such newspaper, then in a newspaper that is published in
4 the county in which the district is located and that has
5 circulation within the district. Copies of the notice shall
6 also be posted on the front door of each attendance center
7 within the district and in the office of the local school
8 board.
9 (f) The resolution of a local school board to establish
10 a district-wide charter school system within the school
11 district for any school year shall be adopted, if at all, on
12 or after the date of the public meeting but in no event later
13 than 30 days before commencement of the school year for which
14 the district-wide charter school system is to be established.
15 Upon or after adoption of the resolution, but not later than
16 30 days before commencement of the school year for which the
17 district-wide charter school system is to be established, the
18 local school board shall submit its proposal to establish
19 that system for the ensuing school year to the State Board.
20 The form of the submission shall be as provided in subsection
21 (h) of this Section.
22 (g) Within 14 days after receiving a local school
23 board's proposal to establish a district-wide charter school
24 system within a school district for the ensuing school year,
25 the State Board shall determine (i) that the local school
26 board is eligible to establish a district-wide charter school
27 system within the district for that school year under the
28 requirements of subsection (b) of this Section, (ii) that the
29 resolution to establish the district-wide charter school
30 system for the ensuing school year has been adopted by the
31 local school board in accordance with the provisions of this
32 Section, and (iii) that the proposal as submitted is
33 consistent with the provisions of this Section and any other
34 applicable provisions of the Charter Schools Law. If the
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1 conditions relative to eligibility and adoption of the
2 resolution specified in items (i) and (ii) of this subsection
3 (g) are met and if the proposal as submitted is consistent
4 with the provisions of this Section and any other applicable
5 provisions of the Charter Schools Law, the State Board shall
6 certify the proposal pursuant to Section 27A-6 and grant the
7 charter authorizing establishment of the district-wide
8 charter school system and the operation of each attendance
9 center within the district as a charter school for the
10 ensuing school year.
11 (h) A proposal to establish a district-wide charter
12 school system under which each attendance center in the
13 school district in which the system is to be established
14 operates as a charter school shall be submitted to the State
15 Board in the form of a proposed contract entered into between
16 the State Board and the local school board of that school
17 district, as the governing body of the district-wide charter
18 school system and its charter schools. The proposal as
19 submitted to the State Board shall include all of the
20 following:
21 (1) The name of the proposed district-wide charter
22 school system and the school year for which the system
23 and its charter schools are to be established.
24 (2) The age or grade range, areas of focus, minimum
25 and maximum numbers of pupils to be enrolled in each of
26 the charter schools of the district-wide charter school
27 system, and any other admission criteria that would be
28 legal if used by a school district.
29 (3) A description of and address for the physical
30 facilities in which the charter schools of the
31 district-wide charter school system will be located;
32 provided that nothing in the Charter Schools Law shall be
33 deemed to justify delaying or withholding favorable
34 action on or approval of a district-wide charter school
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1 system proposal submitted under this Section because the
2 building or buildings in which any charter school forming
3 a part of that system is to be located have not been
4 acquired or rented at the time the proposal is submitted
5 for certification or certified.
6 (4) The mission statement of the district-wide
7 charter school system and its charter schools, which must
8 be consistent with the General Assembly's declared
9 purposes; provided that nothing in the Charter Schools
10 Law shall be construed to require that, in order to be
11 certified as provided in Section 27A-6, a district-wide
12 charter school system proposal submitted under this
13 Section demonstrate that the system or its charter
14 schools will be able to meet each of those declared
15 purposes, it being the intention of the Charter Schools
16 Law that those purposes be recognized as goals that the
17 system and its charter schools must aspire to attain.
18 (5) The goals, objectives, and pupil performance
19 standards to be achieved by the district-wide charter
20 school system and its charter schools.
21 (6) A description of the educational program, pupil
22 performance standards, curriculum, school year, school
23 days, and hours of operation for each of the charter
24 schools that form a part of the district-wide charter
25 school system.
26 (7) A description of the district-wide charter
27 school system's plan for evaluating pupil performance at
28 its charter schools, the types of assessments that will
29 be used to measure pupil progress towards achievement of
30 the applicable pupil performance standards, the timeline
31 for achievement of those standards, and the procedures
32 for taking corrective action in the event that pupil
33 performance at any of the charter schools that form a
34 part of the district-wide charter school system falls
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1 below those standards.
2 (8) Evidence that the terms of the charter as
3 proposed to be granted to the district-wide charter
4 school system and its charter schools are economically
5 sound for both the system and each of its charter
6 schools, a preliminary budget for the school year for
7 which the system and its charter schools are to be
8 established, a description of the manner in which an
9 annual audit of the financial and administrative
10 operations of the system and its charter schools are to
11 be conducted, and a plan for the displacement of any
12 teachers or other employees who will not be employed in
13 the charter school. However, the provisions of Article 17
14 of this Code relating to the adoption of an annual,
15 additional, or supplemental budget in school districts
16 with a population under 500,000 or the provisions of
17 Article 34 of this Code relating to the adoption of an
18 annual, additional, or supplemental budget in a school
19 district in a city with a population exceeding 500,000,
20 as the case may be, shall continue to apply in, and to
21 the local school board as the governing body of, a
22 district-wide charter school system established within a
23 school district that has such a population.
24 (9) A description of the governance,
25 administration, and operation of the district-wide
26 charter school system and its charter schools, including
27 the nature and extent of parental, professional educator,
28 and community involvement in the administration and
29 operation of the system and its charter schools.
30 (10) An explanation of the relationship that will
31 exist between the district-wide charter school system and
32 its employees, including evidence that the terms and
33 conditions of employment have been addressed with
34 affected employees and their recognized representative,
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1 if any.
2 (11) A description of how the district-wide charter
3 school system plans to meet the transportation needs of
4 its pupils, and a plan for addressing the transportation
5 needs of low-income and at-risk pupils.
6 (12) Any other information reasonably required by
7 the State Board of Education.
8 The local school board shall include with the proposal as
9 submitted to the State Board evidence substantiating that,
10 for the school year immediately preceding the school year for
11 which the district-wide charter school system is to be
12 established, the district is receiving less than 15% of its
13 aggregate revenue from general and supplemental State aid
14 payments and grants and other financial assistance
15 distributed under Article 18 of this Code.
16 (i) An initial or renewal charter that is granted under
17 this Section for the establishment within a school district
18 for any school year of a district-wide charter school system
19 and its charter schools shall be renewed for a succeeding
20 school year if (i) for the school year immediately preceding
21 that succeeding school year the school district in which the
22 district-wide charter school system again is to be
23 established receives less than 15% of its aggregate revenue
24 from general and supplemental State aid payments and grants
25 and other financial assistance distributed under Article 18
26 of this Code, (ii) the local school board of that district,
27 within the times and in the manner provided by subsections
28 (e) and (f) of this Section, publishes notice and convenes a
29 public meeting concerning, and adopts a resolution and
30 submits to the State Board a proposal for, the renewal of the
31 charter and establishment of the district-wide charter school
32 system and its charter schools within the district for that
33 succeeding school year, and (iii) the proposal for the
34 renewal of the charter and establishment of the district-wide
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1 charter school system and its charter schools within the
2 district for that succeeding school year complies with the
3 requirements of subsection (h) of this Section and is
4 consistent with all other provisions of this Section and any
5 other applicable provisions of this Code.
6 The local school board shall include with its
7 district-wide charter school system renewal proposal (A) a
8 report on the progress of the district-wide charter school
9 system and its charter schools in achieving the goals,
10 objectives, pupil performance standards, content standards,
11 and other terms of the most recently approved charter
12 proposal and (B) a financial statement that discloses the
13 costs of administration, instruction, and other spending
14 categories for the district-wide charter school system and
15 its charter schools that is understandable to the general
16 public and that will allow comparison of those costs to other
17 schools or other comparable organizations, in a format
18 required by the State Board.
19 A charter granted for the establishment of a
20 district-wide charter school system and its charter schools
21 may be revoked or not renewed if the State Board clearly
22 demonstrates that the system or its charter schools did any
23 of the following, or otherwise failed to comply with any
24 applicable requirements of the Charter Schools Law:
25 (1) Committed a material violation of any of the
26 conditions, standards, or procedures set forth in the
27 charter.
28 (2) Failed to meet or make reasonable progress
29 toward achievement of the content standards or pupil
30 performance standards identified in the charter.
31 (3) Failed to meet generally accepted standards of
32 fiscal management.
33 (4) Violated any provision of law from which the
34 charter school was not exempted.
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1 Final decisions of the State Board to deny, revoke, or
2 not renew a charter under this Section are subject to
3 judicial review under the Administrative Review Law.
4 (j) Notwithstanding any other provisions of this or any
5 other Section of the Charter Schools Law, the establishment
6 of a district-wide charter school system and its charter
7 schools within a school district for any school year does not
8 affect the status of that district for that or any other
9 school year as a public school district (i) that is governed
10 by a local school board elected or appointed in accordance
11 with those provisions of this Code otherwise applicable to
12 the selection of school board members in that district, (ii)
13 that is entitled to receive State and federal aid, financial
14 assistance, and reimbursements on the same basis as all other
15 school districts in the State, (iii) that, through its local
16 school board, is authorized to enter into contracts and
17 leases, levy taxes, and incur debt by the issuance of bonds
18 and other long-term obligations in accordance with those
19 provisions of this Code that are applicable to the contracts,
20 leases, taxes, and long-term debt obligations of all other
21 school districts in the State of the same type, and (iv)
22 that, through its local school board, is authorized to
23 exercise all other powers that are exercisable by school
24 districts generally, that may be requisite or proper for the
25 maintenance and development of the district-wide charter
26 school system and its charter schools, and that are not
27 inconsistent with the terms of the charter granted to the
28 district-wide charter school system or with other applicable
29 provisions of this Article.
30 Nothing in this subsection (i) shall be construed to
31 authorize a charter school that forms a part of a
32 district-wide charter school system to (1) fail to comply
33 with the provisions of the charter granted to that system and
34 its charter schools or with any other applicable provision of
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1 this Article, (2) exempt such a charter school from those
2 laws or requirements to which all charter schools are subject
3 or with which all charter schools are required to comply as
4 provided in subsection (a) of Section 27A-4, subsections (c)
5 through (f) of Section 27A-5, and subsection (b) of Section
6 27A-6, or (3) exempt such a charter school from the laws
7 specified in items (1) through (6) of subsection (g) of
8 Section 27A-5, but a charter school that forms a part of a
9 district-wide charter school system shall be exempt from all
10 other State laws and regulations in this Code governing
11 public schools to the same extent as all other charter
12 schools, unless otherwise provided in this Section or in the
13 charter granted to the district-wide charter school system of
14 which the charter school forms a part.
-37- LRB9203786NTsb
1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 105 ILCS 5/27A-3
5 105 ILCS 5/27A-4
6 105 ILCS 5/27A-5
7 105 ILCS 5/27A-6
8 105 ILCS 5/27A-6.5
9 105 ILCS 5/27A-7
10 105 ILCS 5/27A-8
11 105 ILCS 5/27A-9
12 105 ILCS 5/27A-10
13 105 ILCS 5/27A-11
14 105 ILCS 5/27A-11.5
15 105 ILCS 5/27A-11.10 new